Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City

In Re Impeachment of Gloria Macapagal-Arroyo President of the Philippines, Respondent. x--------------------------------------------------------------------x

IMPEACHMENT COMPLAINT
Complainants, through counsels, respectfully state that: PREFATORY STATEMENT
One of the worst crimes of Pres. Gloria Arroyo is that she abets the plunder of our economy and national treasury through corruption, bribery and anomalous contracts, callously handing out millions of pesos of bribe money to members of Congress and other allies to cover up these anomalies while millions of Filipinos are groveling in hardship and dying of poverty and hunger. More than plunder, however, Pres. Arroyo is also criminally responsible for the deaths of many Filipinos through a national security policy that allows state security forces to commit heinous human rights violations with impunity, even rewarding its most vicious perpetrators. This impeachment complaint aims to bring to the fore the crimes of one of the most corrupt and brutal presidencies in Philippine history. This impeachment complaint charges Pres. Gloria Arroyo with Betrayal of Public Trust, Graft and Corruption, Bribery, Culpable Violation of the Constitution, and other High Crimes. It aims to present evidence, through an impeachment trial, sufficient to convict Pres. Arroyo for gross human rights violations, graft and corruption, bribery and electoral fraud. Since 2001, Respondent Arroyo has indulged in an orgy of corruption starting with the $14 million IMPSA payoff while the people inextricably wallows in poverty to subsidize her plunder of public funds. She has presided over the crafting and implementation of a National Internal Security Plan, with a military component called “Oplan Bantay Laya,” causing the perpetration of gross human rights violations by state forces on innocent victims, mostly leaders and activists of organizations critical of her administration, and including entire communities throughout the country.

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Obsessed with holding on to power, Gloria Macapagal-Arroyo committed electoral fraud and another round of graft ridden misuse of public funds to ensure her victory in the 2004 elections. She used government resources in, among others, the Ginintuang Masagana Ani (GMA) fertilizer fund scam, the Road Users Tax, and PhilHealth to prop up her electoral campaign. She then illegally used the powers of her office to ensure her victory through the manipulation of election result as exposed by the “Hello Garci” tapes. In order to suppress the rising opposition to her corrupt and illegitimate regime, which drastically escalated after the Hello Garci scandal in 2005, she again unleashed the armed forces and the police on the people and increasingly committed massive violations of human rights in the form of extra judicial killings, enforced disappearance, torture and the other heinous atrocities. To stem the rising anger and wave of protest of the people against such flagrant display of greed, corruption and brutality, she abused her executive powers to violate constitutional rights through Executive Order 464, the Calibrated Preemptive Response policy and Proclamation 1017. Respondent Gloria Arroyo, afraid that she would suffer the same fate as Pres. Ferdinand Marcos and Pres. Joseph Estrada should evidence against her be presented in an impeachment proceedings, used bribery and deceit by causing the filing of sham impeachment complaints which were eventually dismissed by her allies in Congress in order to immunize her from genuine impeachment complaints. She failed to realize, however, that the people could not be denied their demand for accountability and punishment, as the opposition against her regime drastically increased with each callous disregard of calls for accountability. The impunity with which she managed to commit her crimes so far has emboldened her. She was exposed through a Senate inquiry of committing graft and corruption in the negotiations for the ZTE-National Broadband Network contract in order to get millions of dollars in kickbacks that would ultimately be paid by the Filipino people in the form of loan payments. Afraid of an impeachment proceedings that would further expose her involvement in the anomalous ZTE-NBN contract, Respondent Gloria Arroyo threw caution to the wind and attempted to bribe members of the House of Representatives and local government officials right in Malacanang Palace in order to ensure that no genuine impeachment complaint prospers. Unfortunately for Respondent Arroyo, the attempt to bribe government officials was exposed by the recipients of the bribe money themselves, such as Governors Fr. Ed Panlilio of Pampanga and John Mendoza of Bulacan, and Manila Congressman Bienvenido Abante. It is under this context that today, a comprehensive and genuine impeachment complaint is filed by the Filipino people. This impeachment complaint is the strongest of all impeachment complaints because it contains the admission of Respondent’s allies, including members of her political party, of her involvement in the ZTE-NBN contract and the subsequent bribery attempt in the presidential palace. This impeachment complaint contains more direct evidence against respondent for human rights violations with the surfacing of witnesses in the disappearance of the two UP students Sherlyn Cadapan and Karen Empeño,

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in the Jonas Burgos case and the testimony of others who managed to survive and escape from their military and police captors proving that indeed, human rights violations are a result of national policy. The evidence to prove the 2004 electoral fraud is now strengthened with the admissions of TSgt. Vidal Doble in an official Senate inquiry. This genuine comprehensive impeachment complaint will test whether members of Congress believe in the constitutional principle that ‘public officials are accountable at all times”. This genuine comprehensive complaint seeks to take Pres. Gloria Arroyo to account for her crimes. The people have found the above charges against Pres. Arroyo sufficient in substance and form. Members of the House of Representatives are called upon to heed the voice of their constituency and approve the articles of impeachment so that an impeachment trial in the Senate can ensue forthwith. This impeachment complaint is a valid complaint that must be received by the House, referred to the Justice Committee and given due course. Under the Constitution, the Speaker of the House has no recourse but to fulfill his ministerial duty to refer an impeachment complaint to the Justice Committee. The Speaker, or any individual member of the House, has no discretion to dismiss or return an impeachment complaint, such power being reserved in the Committee of Justice and the House of Representatives. The people is filing this complaint because, unlike the sham Pulido complaint, it is a genuine complaint that contains allegations and evidence to prove the crimes of respondent Gloria Arroyo. The filing of this complaint is intended to give the House of Representatives the chance to correct its selfserving and erroneous rule which protects impeachable officials from public accountability by entertaining only one impeachment complaint per year, no matter how frivolous, and disregarding genuine and legitimate impeachment complaints. The rule previously used by Congress to declare as inadmissible “second” or “subsequent” complaints filed after the filing and referral of a “first” impeachment complaint is without constitutional basis. Section 1, Article XI of the Constitution states that: “Public office is a public trust. Public officers and employees must at all times be accountable to the people x x x “. The same article XI also declares in Section 3 [1] that: Sec. 3 (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment. The only time that the House initiates an impeachment case or proceedings is when it approves the Articles of Impeachment. Any impeachment complaint against Pres. Gloria Arroyo may be filed any time before said Article of Impeachment is approved. The argument of Pres. Arroyo’s allies in Congress that the impeachment proceedings was initiated when Deputy Speaker Raul del Mar referred the complaint filed by Atty. Robert Pulido to the Justice Committee is a direct violation of the Constitution. Only an action by the House as an institution, not by the Speaker or any individual for that matter, can initiate an impeachment proceedings.

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The people condemn the human rights violations. The people are angered by the attempt to bribe members of Congress in Malacanang and the blatant corruption that accompanied the ZTE-NBN contract. Members of the House of Representatives must heed the call of the people they swore to represent in Congress. President Gloria Arroyo must be impeached.

PARTIES

1. The Complainants are Filipino citizens, of legal age, residents of the Philippines, and are named below. The lead complainants are the following individuals:

They may be served with summons, notices and other legal processes of the instant proceeding through the undersigned counsels at 4th Floor KAIJA Building 7836 Makati Avenue corner Valdez St. Makati City

2. Respondent Gloria Macapagal-Arroyo is the President of the Republic of the Philippines and she may be served with legal processes at Malacañang Palace, Manila.

3. Respondent Gloria Macapagal-Arroyo formally took her oath of office and assumed and discharged her functions as President of the Philippines on June 30, 2004 and made the following oath of office:

…I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its constitution, execute its laws, do justice to every man, and consecrate myself to the service of the nation...1

1

1987 Philippine Constitution, Art VII § 5.

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CAUSES OF ACTION
4. The following are the causes of action:

I RESPONDENT COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION, BETRAYAL OF PUBLIC TRUST AND OTHER HIGH CRIMES BY EXPLICITLY AND IMPLICITLY CONSPIRING, DIRECTING, ABETTING, TOLERATING WITH IMPUNITY AS A STATE POLICY AND REWARDING EXTRAJUDICIAL EXECUTIONS, INVOLUNTARY DISAPPEARANCES, TORTURE, MASSACRE, ILLEGAL ARREST AND ARBITRARY DETENTION, FORCED DISLOCATION OF COMMUNITIES AND OTHER GROSS AND SYSTEMATIC VIOLATIONS OF CIVIL AND POLITICAL RIGHTS AND ENGAGING IN A SYSTEMATIC CAMPAIGN TO COVER-UP OR WHITE-WASH THESE CRIMES BY SUPPRESSING AND OBLITERATING THE EVIDENCE, BLAMING THE VICTIMS, TERRORIZING, INTIMIDATING AND PHYSICALLY ATTACKING WITNESSES, THEIR RELATIVES, LAWYERS AND SUPPORTERS, AND HUMAN RIGHTS WORKERS.

II

RESPONDENT COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION AND GRAFT AND CORRUPTION, AND BETRAYAL OF PUBLIC TRUST WHEN SHE (i) ABETTED AND/OR TOLERATED THE COMMISSION OF A CRIME IN REGARD TO THE ANOMALOUS “ZTE NATIONAL BROADBAND CONTRACT”, (ii) KNOWINGLY AND WILLFULLY OBSTRUCTED, IMPEDED OR DELAYED THE APPREHENSION OF SUSPECTS AND THE INVESTIGATION OF CRIMINAL CASES ARISING FROM THE SAME, AND (iii) PARTICIPATING AND GIVING SUPPORT TO OR APPROVING THE ZTE BROADBAND CONTRACT DESPITE HER KNOWLEDGE THAT THE SAME IS TAINTED WITH GRAFT AND CORRUPTION.

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III

RESPONDENT COMMITTED BRIBERY, GRAFT AND CORRUPTION AND BETRAYAL OF PUBLIC TRUST WHEN SHE AUTHORIZED, ABETTED, ALLOWED, AND COUNTENANCED THE DISTRIBUTION OF BRIBE MONEY TO MEMBERS OF CONGRESS IN EXCHANGE FOR THE HASTY REFERRAL OF THE PULIDO COMPLAINT TO THE JUSTICE COMMITTEE IN AN ATTEMPT TO PREVENT THE FILING OF A MORE SUBSTANTIVE AND GENUINE IMPEACHMENT COMPLAINT AND EVENTUALLY DISMISSING THE PULIDO COMPLAINT.

IV

RESPONDENT COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION AND BETRAYAL OF PUBLIC TRUST WHEN SHE ABUSED HER AUTHORITY TO SUPPRESS LAWFUL EXERCISE OF THE PEOPLE’S RIGHTS TO FREE SPEECH, FREEDOM OF EXPRESSION, FREEDOM OF ASSEMBLY, THE FREEDOM OF THE PRESS AND THE PEOPLE’S RIGHT TO INFORMATION AND CURTAILING THE LEGISLATIVE POWER TO INQUIRE ON MATTERS RELATING TO THE SAID ELECTORAL FRAUD COMMITTED IN THE 2004 PRESIDENTIAL ELECTIONS AND OTHER MATTERS AFFECTING THE LEGITIMACY OF HER PRESIDENCY.

V

RESPONDENT COMMITTED GRAFT AND CORRUPTION, ENTERED INTO ILLEGAL GOVERNMENT CONTRACTS AND CRIMINALLY CONCEALED HER CONJUGAL ASSETS.

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DISCUSSION I RESPONDENT COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION, BETRAYAL OF PUBLIC TRUST AND OTHER HIGH CRIMES BY EXPLICITLY AND IMPLICITLY CONSPIRING, DIRECTING, ABETTING, TOLERATING AS A STATE POLICY AND WITH IMPUNITY AND REWARDING EXTRAJUDICIAL EXECUTIONS, INVOLUNTARY DISAPPEARANCES, TORTURE, MASSACRE, ILLEGAL ARREST AND ARBITRARY DETENTION, FORCED DISLOCATION OF COMMUNITIES AND OTHER GROSS AND SYSTEMATIC VIOLATIONS OF CIVIL AND POLITICAL RIGHTS AND ENGAGING IN A SYSTEMATIC CAMPAIGN TO COVER-UP OR WHITE-WASH THESE CRIMES BY SUPPRESSING AND OBLITERATING THE EVIDENCE, BLAMING THE VICTIMS, TERRORIZING, INTIMIDATING AND PHYSICALLY ATTACKING WITNESSES, THEIR LAWYERS AND SUPPORTERS, AND HUMAN RIGHTS WORKERS. 5. Under the United States’ encouragement and direction and using as pretext the US “war on terror”, the Arroyo government has not only

intensified its “counter-insurgency campaign” against the CPP-NDFP-NPA, it has also flagrantly resorted to physically attacking the legal democratic movement since 2001. Leaders and activists of progressive organizations have been harassed, arrested without warrant, abducted and forced to disappear, as well as summarily executed with a frequency and brutality exceeding that under martial law. Finding her regime’s legitimacy under question after the fraudulent elections in 2004, Macapagal-Arroyo further resorted to repressive measures and intensified and escalated the attacks on the open and legal democratic movement and the political opposition.

6. The growing number of extrajudicial killings and other gross human rights violations committed by the Arroyo government’s military and police forces in the Philippines today cry out for justice. KARAPATAN (Alliance for the Advancement of Peoples’ Rights) has documented since 2001 when Mrs. Gloria Macapagal-Arroyo assumed the presidency more than 800 victims of extra-judicial killings, not including more than 350 who survived assassination attempts. At least 207 have been abducted and forcibly disappeared. Tens of thousands have also become internal refugees as a result of military operations, which include indiscriminate bombings and strafing of rural communities, and Vietnam-vintage “hamletting” to

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depopulate “rebel-infested” areas and “remove the water in which the fish swims”.

7. These atrocities have been perpetrated systematically and relentlessly for more than six years with hardly an utterance of genuine concern, condemnation, much less decisive action from the respondent to stop these atrocities and prosecute the perpetrators. In fact, she praised, promoted and coddled the military commanders, including those with track records of grievous human rights violations. As commander-in-chief, she publicly gave both tacit and overt approval and encouragement to the military campaigns of suppression. Those who perpetrate the atrocities enjoy the license to kill, abduct, torture and massacre “enemies of the state” with impunity. The rapid promotion and public acclamation accorded to the most vicious, ruthless and outspoken proponent of the killings, Maj. Gen. Palparan by Macapagal-Arroyo herself was the clearest proof that indeed, the killings were state policy.

8. Oplan

Bantay-Laya,

the

Arroyo

government’s

counter-insurgency

campaign launched in 2002, differs from its failed predecessors mainly in targeting suspected civilian sympathizers and supporters of the CPP-NPA in town and urban centers. The AFP, police and other government

strategists searching for the elusive key to victory over the three-decade old people’s war have come to the conclusion that they have been too soft on the legal democratic organizations. AFP documents and other official documents on internal security stress now the need to conduct military operations not only against the guerrilla forces in the countryside but also against those considered aboveground, legal machinery that allegedly supports the armed revolutionary movement. The AFP embarked on a “Target Research” program in 2004 aimed at an intelligence build-up, complete with quotas and timetables, on progressive organizations and personalities tagged as “enemies of the state” and marked for “neutralization’, a military euphemism for physical elimination. Most of

those assassinated, forcibly disappeared, tortured and massacred were priority subjects of this “target research”.

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9. The Arroyo government’s intensified attacks on the people, marked by the cold-blooded murder of unarmed political activists, church people, journalists, lawyers and judges, teachers and human rights defenders continue to multiply with impunity. These are motivated by Arroyo’s drive for political survival and are in line with the US government’s “war on terror” and the economic interest of multinational corporations in the Philippines. This explains why the Arroyo government has not lifted a finger to render justice to the victims of human rights violations, and to address the violations of the people’s social, economic, cultural rights, as well as the violations of the Filipino people’s sovereignty and right to selfdetermination. Taking a cue from the US-led global war on terror and emboldened and encouraged by the US government, the Arroyo government estimates it can also justify, gloss over or cover up, in the name of counter-terrorism, violations of human rights, international humanitarian law, and international law.

10.

Well-documented cases of human rights violations have already been

brought to the attention of the United Nations through its offices in New York and Geneva. A number of international entities have also conducted fact-finding missions and have issued reports, recommendations and condemnations of the regime’s lack of resolute action to stop the killings. Among these international groups are the Amnesty International, International Parliamentarians’ Union, Asian Human Rights Commission, the International Labor Solidarity Mission, the International Peasants Fact Finding Mission, the Hong Kong Fact-Finding Mission to the Philippines, Reporters Sans Frontiers, a delegation of church leaders led by the World Council of Churches and the Christian Conference of Asia, Lawyers without Borders and Lawyers for Lawyers from the Netherlands, International Association of Democratic Lawyers, International Association of People’s Lawyers, and four women lawyers from the United States.

11.

Various church organizations like the World Council of Churches,

Christian Conference of Asia, World Alliance of Reformed Churches, World Methodist Council, Episcopal Church of the USA, Uniting Church of Australia, United Church of Canada, United Methodist Church of the USA,

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United Evangelical Mission of Germany and the National Council of Churches in Japan have likewise issued their statements and resolutions calling on the Manila government to bring an end to the killings. Notably, a number of Members of Parliament from Europe and a number of officials from other countries have also expressed concerns over the deteriorating human rights situation in the Philippines. The list continues to lengthen.

12.

In response to this growing international pressure, Macapagal-Arroyo

belatedly saw the need to take a pro-forma official action by creating the Melo Commission in September 2006 to look into the killings. This step was clearly intended to deflect and diffuse the barrage of criticisms against her government. But before this Commission could start its investigation, Mrs. Arroyo issued a blanket statement absolving her military and police forces of any wrongdoing, despite testimonies from survivors and witnesses to the contrary. As expected, the Melo Commission, in the

report it had recently submitted to President Arroyo, cleared her and the AFP top brass of any responsibility, instead blaming the killings on Gen. Palparan and a “small group” of rogue military and police elements, as well as gangsters and even the New People’s Army. Curiously, Malacanang adamantly refused to release the Melo Commission report to the public until it had to give in to both international and local pressure to do so.

13.

Nearly simultaneous with the submission and eventual release of the

Melo Commission report was the statement of Philip Alston, the UN Special Rapporteur on Extra-judicial killings, on his findings after a 10-day visit. Mr. Alston met with the representatives of the government, including top Cabinet, military and police officials, human rights groups and relatives of victims of extra-judicial killings. In his press statement, Mr. Alston rejected the various government, military and police “theories” that absolved them from any responsibility in the killings. While he said it was clear to him that the killings are not state policy and are not centrally directed, Alston nonetheless attributed some of the killings to the government’s counter-insurgency program and indicated he would examine this in greater detail in his final report. Despite the findings of Mr. Alston and the Melo Commission attributing political killings to the AFP,

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Arroyo reiterated her earlier statement absolving the military of the crimes and declaring that “99.9% of the AFP is good”.

14.

The struggle to uphold and defend human rights and the peoples’ rights

continues. The Filipino people have shown that they cannot be cowed by terror nor duped by the Arroyo regime. They persist in seeking and finding avenues to make this despicable situation known throughout the world, to seek justice, and gather the broadest support for their just and legitimate struggle for national self-determination and social emancipation.

15.

It is with this aim and hope that we include these comprehensive

charges of human rights violations against Gloria Macapagal-Arroyo in this impeachment complaint.

16.

From the time Gloria Macapagal-Arroyo came to power on January 21,

2001 up to November 2006, there have been a total of 6,990 cases of human rights violations victimizing 396,099 individuals recorded and documented by KARAPATAN, a human rights alliance.

17.

From 2001 to the present, there have been 886 documented cases of

extrajudicial killings, with 357 more cases of frustrated assassinations, i.e., the victim or intended victim survived the attempt on their lives. At least 198 persons have been forcibly disappeared and remain missing to this day, most of them already presumed dead. Hundreds have been tortured while tens of thousands have been harassed and displaced from their homes and farms, and have experienced physical and psychological assault in the course of military operations or while exercising their rights to assembly and free speech.

18.

The targeted victims include peasant leaders, union leaders and

members of farmers and workers’ organizations, human rights workers, judges and lawyers, journalists, priests and church workers including a former Supreme Bishop of the Philippine Independent Church. Most

were uniformly subjected to anti-communist slander, vilification, and death threats by the military before they were physically attacked.

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19.

The intensifying political repression is being done with utmost brutality

and impunity. From January 2006 to February 8, 2007 alone, 148 leaders, members and supporters of different mass organizations and party-list groups were summarily killed throughout the country.

20.

Witnesses point to the police, military and paramilitary forces as the

perpetrators of the killings, disappearances, torture, illegal arrests and detention and other violations.

21.

The killings are concentrated in Southern Tagalog, Central Luzon,

Bicol region, Eastern Visayas, the Ilocos and Cordillera regions. These are the regions identified in Oplan Bantay Laya as “priority areas” and where “counter-insurgency” military operations are most intense and sustained.

22.

The commission of the violations is centrally directed, showing a clear

pattern and practice based on the state policy of deliberate terror.

23.

Specifically, the following illustrative and highlighted cases-- chosen

from among seventy case files of summary execution or extrajudicial killing, abduction and involuntary disappearances, massacre, torture, illegal arrest and detention, forced dislocation of communities and other violations of human rights in the Philippines since Pres. Gloria Arroyo assumed the presidency on 21 January 2001-- show the breadth and depth and the heinousness and unmatched impunity with which violations of human rights as well as general principles of international law have been perpetrated by the Defendants in concert with each other.

ENFORCED DISAPPEARANCES Enforced Disappearance of Jonas Joseph Burgos 24. On the night of April 28, 2007, Jonas, 28 years old and married, did not

come home. The Burgos family became anxious. They sent him a text message the whole night asking on his whereabouts. At 10:46 a.m. the following day, they received a reply saying “sensya na ligo lang.”

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25.

The exchange of text messages continued, with Jonas family trying to

find out about his condition, but the reply from Jonas’ phone did not make any sense. His family then called him up. They were able to talk to him but his voice sounded like he was drugged and his answer was unclear. They continued to check on him through text messages and by ringing his mobile phone from time to time. His mobile phone was turned on the whole day of April 29 but he could no longer be reached by 6 p.m. until the morning of April 30.

26.

At 1 p.m. on April 30, 2007, the Burgos family called a press

conference. Witnesses surfaced after news of Jonas’ abduction was aired in the evening news.

27.

Witnesses confirmed that at about 1:30 p.m. of April 28, 2007, Jonas

was violently seized by four (4) to six (6) strongly built men and a boyish looking woman while he was alone eating lunch in Hapag Kainan Restaurant at Ever Gotesco Mall, Commonwealth Ave., Quezon City. The burly men mobbed Jonas. Witnesses say they heard Jonas crying out loud “Ano ‘yan, sir? Baril at posas ‘yan ah!” Jonas tried to seek help from an employee of the restaurant, saying “Ma’am, aktibista lang po ako.” But the men introduced themselves as police officers, thereby putting off any possible help for Jonas.

28.

Jonas was handcuffed and forcibly dragged out of the restaurant. He

tried to catch the attention of the people around and was heard shouting “Aktibista lang ako! Wala akong kasalanan!” But no one did come to his aid because the men mobbing him announced they were police officers.

29.

Jonas was forced into a maroon Toyota Revo bearing a license plate The plate was later traced to a certain Mauro Mudlong, its It was also found out, however, that the plate was

TAB-194.

registered owner.

attached to a 1991 model of Isuzu utility van and not to a Toyota Revo; that the registered vehicle was impounded on June 24, 2006 with the 56th Infantry Battalion after the vehicle had been intercepted by Private First Class Jose Villena Corporal Castro Bugallon of the 56th IBPA (based in

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San Mateo, Norzagaray, Bulacan) for transporting illegal logs; that the military turned it over to the DENR, but for lack of space for impoundment, the latter returned the vehicle to the custody of the 56th IBPA sans the illegally cut timber; and that the impounded vehicle had been in the 56th IBPA compound since 2006.

30.

Jonas’ family and friends believe the military are behind his forced

disappearance because of his political activities. An agriculture graduate, Jonas since 1998 had been actively giving agricultural training to members of Alyansa ng Magbubukid sa Bulakan (AMB), a provincial chapter of the militant Kilusang Magbubukid ng Pilipinas, several leaders and members of which were victims of extrajudicial killing perpetrated by the military.

31.

Police investigators reported they took the statements of five army

officers, namely: Lt.Col. Melquiades L. Feliciano, commanding officer of the 56th IBPA; Lt. Col. Noel S. Clemente, commanding officer of the Security and Escort Battalion based in Fort Bonifacio; Lt. Col. Edison Caga, commanding officer of 69th IBPA satationed in Pampanga; Cpl. Castro Bugallo and Pfc. Jose Villena of the 56th IBPA. Said military officers denied any involvement or participation in the abduction. The police also made cartographic sketches of the abductors as described by witnesses.

32.

On May 8, 2007, Jonas’ mother, Edita, searched for her son at ISAFP

but its chief, Brig. Gen. Delfin Banguit denied they had custody of Jonas. After media reports later came out stating that AFP Chief of Staff Gen. Hermogenes Esperon, Jr. had ordered the Army Provost Marshal and the Inspector General to conduct an investigation into the involvement of the five above-named army officers in the abduction of Jonas, Edita, through her lawyer, wrote on May 21, 2007, to Gen. Esperon requesting for a copy of the report of the Provost Marshal and the Inspector General.

33.

On May 29, 2007, Edita had an audience with Executive Secretary

Eduardo Ermita to seek his help in the search for Jonas. Sec. Ermita responded by arranging a meeting between Edita and Gen. Esperon on June 6, 2007 at 10 a.m.

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34.

On June 2, 2007, Edita received a call from President Gloria

Macapagal-Arroyo who reminded her to go see Esperon and saying it would help hasten the investigation.

35.

On June 6, 2007, at 10 a.m., Edita’s lawyers and her brother Jimmy (Edita could not make it to the

Tronqued went to see Gen. Esperon.

meeting as she she was suffering from vertigo attack.) Instead of meeting with Esperon, however, the two were met by certain Lt. Cols. Lucero and Castro.

36.

On June 21, 2007, Edita received a letter from the Judge Advocate

General, Brig. Gen. Nemesio I. Dabal, stating that they could not release a copy of the report of the Provost Marshal and the Inspector General because it was purportedly a “classified matter.”

37.

On June 15, 2007, Edita attended the public hearing on the abduction

case called by the Commission on Human Rights which announced it would issue a report on the case in two week’s time.

38.

Thereafter, Edita requested from the CHR for a copy of its report as

well as the documents submitted therein which include the report of the Provost Marshal and the Inspector General and the progress report by the PNP.

39.

However, two weeks had passed after the last CHR hearing and it has Neither has it provided Edita with the other

not issued its report.

documents she requested.

40.

When Edita next requested from Director Geary Barias of the PNP’s

Task Force Usig for a copy of its progress report on the case, she was denied thereof and was told to get a copy instead from the CHR. Since then, Edita has not heard from the police regarding their own investigation into the forced disappearance of Jonas.

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41.

Having searched in vain for Jonas, Edita filed a petition for habeas

corpus with the Supreme Court on July 13, 2007. After a hearing on the case, the military was compelled to produce in court the report of the Provost Marshal and the Inspector General which Edita had been longing to see in the hope that it would shed light on the whereabouts of her son and possibly hint on the identities of his captors. The report produced in court by the military, however, was incomplete.

42.

Jonas remains missing to this date.

The enforced disappearances of Sherlyn T. Cadapan and Karen E. Empeño

43.

Sherlyn T. Cadapan (“Sherlyn”) and Karen E. Empeno (“Karen”) are

both students from the University of the Philippines who were doing research in Barangay San Miguel, Hagonoy, Bulacan when they were abducted.

44.

On 26 June 2006, at around 2:00 a.m., Sherlyn and Karen who were

then staying in the house of one Raquel Halili at Barangay San Miguel, Hagonoy, Bulacan, were forcibly taken with their hands tied by elements of the Philippine Army based in the Headquarters of the 56th Infantry Batallion, Iba, Hagonoy, Bulacan, under the command of Maj. Gen. Romeo Tolentino, then Brig. Gen. Jovito Palparan and Col. Rogelio Boac.

45.

The soldiers also took Manuel Merino, a farmer who was then staying in

the adjacent house (owned by William Ramos) and who went out to help the two UP students. Manuel Merino was also tied down, brutalized and seized.

46.

William Ramos and his son, Wilfredo Ramos, saw the victims being led

to a private stainless jeep with plate number RTF 597. Father and son were made to lie face down with their hands tied. The stainless jeep fled towards Iba, Hagonoy, Bulacan.

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47.

When this abduction incident came out in the news, the human rights

group KARAPATAN-Bulacan Chapter immediately launched a quick response team composed of Alyansa ng Mamamayan para sa Pantaong Karapatan or ALMMA (Citizen’s Alliance for Human Rights) members and volunteer staff of Barangay Human Rights Action Center headed by Mildred Benitez. The group went to the 56th Infantry Battalion Headquarters and there

48.

they saw the stainless jeep with plate number RTF 597. The military camp which used to be open for visitors was closed and they were not allowed inside. Mildred, however, heard a barbecue stand vendor ask who they were looking for. “Yung mga babae ba?” [“Are you looking for the

women?”] he asked, but when the reply was “yes,” the vendor did not say a word again.

49.

On 28 June 2006, at around 10:00 in the evening, Alberto Ramirez was

awakened by shouts from Manuel Merino, the same person who was abducted earlier on together with Sherlyn and Karen. When Alberto

looked out he saw that Manuel had two male companions who immediately pointed their guns at Alberto. The men forced Alberto out of his house. Outside, he saw more armed men who were waiting for them in a vehicle with plate number RTF 597. The incident was also witnessed by people in the neighborhood who were all threatened by the armed men not to say a word about what they saw.

50.

Alberto was brought to Brgy. San Miguel, Hagonoy, Bulacan and

thereafter in the military’s detachment at Brgy. Mercado located at the second floor of the barangay hall. At the detachment, one of the men who took part in the abduction introduced himself to Alberto as Arnel Enriquez. Arnel showed Alberto two leaves of bond paper with names written thereon. Arnel asked Alberto about those names. Arnel also mentioned the names Sherlyn Cadapan who according to him is also known as “Ka Tanya” and “Ka Lisa” and Karen Empeno as “Ka Sierra.”

51.

Alberto was asked by Arnel to cooperate with them and to help them

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identify or point to the persons whose names were listed in the bond papers or suffer the consequences. He was allowed to leave but was warned to report back to the detachment at 2:00 p.m. the following day. But instead of going back to the detachment, Alberto left the place and reported the matter to the human rights group KARAPATAN.

52.

A Petition for Habeas Corpus was filed on behalf of Sherlyn Cadapan,

Karen Empeño and Manuel Merino. A writ of habeas corpus was issued against Maj. Gen. Tolentino, Gen. Palparan, et. al. In their Return of the Writ, they all denied having custody of the victims and even denied having knowledge about their abduction. To date, the three are still missing.

The Enforced Disappearance of Mr. Leo Velasco 53. Mr. Leo Velasco, a consultant for the National Democratic Front (NDF),

was abducted in broad daylight and until now remains missing.

54.

On 19 February 2007 at about 10:00 in the morning, Mr. Leo Velasco

was walking in the vicinity of the Philippine First Insurance and SRBC buildings located near the Aguinaldo and Yacapin Streets at Cagayan de Oro City when, without warning, a fast-moving gray L300 van with plate number LCV 513 stopped abruptly in front of him.

55.

Several men in plain clothes alighted from the vehicle and forced him to

enter the van. Mr. Leo Velasco struggled to prevent the men from taking him and so a scuffle ensued. His eyeglasses fell off from him during the struggle. Security guards from the nearby buildings later retrieved the glasses after his abduction.

56.

Mr. Leo Velasco eventually fell down onto the pavement due to his

exertions as more men, numbering more or less eight (8) in all, came to overpower him. One of the perpetrators of the abduction was wearing a black, long-sleeved sweat shirt with the letters CIDG on the back.

57.

Many people had mutely watched the incident and the man wearing the

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black sweat shirt told them they were with the government. Mr. Leo Velasco was roughly thrown unceremoniously into the van and this vehicle quickly left with a black Toyota Revo, with a license plate ending with 692, following it closely behind.

58.

Moments after the two vehicles left, a city patrol car came and the

police officer said “Amin yun,” referring to the operation that had just transpired. Apparently, the local police knew about the planned abduction of Mr. Leo Velasco.

59.

Mr. Cesar Duetes, a security guard from the nearby buildings where the

abduction of Mr. Leo Velasco took place promptly reported the incident with the local police. Intelligence Operatives of the Police Station 2, Cogon, Cagayan de Oro City, namely, PO2 Nolasco Gaabucayan and PO2 Francis Michael Fortunado, conducted the investigation of the incident.

60.

Nothing more was uncovered from the police investigation of the

abduction of Mr. Leo Velasco. A few weeks later, Mr. Cesar Duetes who had the incident blottered reportedly resigned from work as a security guard and was never heard of again, as unknown men often visited him at work.

61.

The daughter of Mr. Leo Velasco, Ms. Lorena Santos, on 23 to 27

February 2007, on 18 to 20 July 2007, and again on October 2007, went to Cagayan de Oro City to investigate the details of her father’s abduction. She initially visited the Riverview Hotel where Mr. Leo Velasco checked in before his enforced disappearance.

62.

Ms. Lorena Santos then visited the place of the incident and was able

to speak with a witness who saw the abduction of her father. The other witness, the security guard, Mr. Cesar Duetes, had already disappeared and was no longer available for comment.

63.

Ms. Lorena Santos then went to the police station where the abduction

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was recorded in a blotter. The station commander there said he was in a 4month workshop at the time of the incident but promised that he would personally look into the case but that the she should just follow it up some other time.

64.

Ms. Lorena Santos then went to the Iglesia Filipina Indipendiente (IFI)

Cathedral to write a statement for the media. She later went the Land Transportation Office (LTO) and inquired as to the plate number LCV 513, the one that the gray L300 van carried at the time of the abduction.

65.

It turns out that the plate number did not match the vehicle it was

attached to and was presumably fake. The license plate is registered under the name of a certain Mr. Gregorio Y. Haw of Sto. Niño St., Lanang Executive Homes, Davao City but not as an L300 van but a Toyota Tamaraw FX Wagon.

66.

While in Cagayan de Oro City, Ms. Lorena Santos learned that the

security guards who had witnessed the abduction of her father had gotten hold of his glasses and that they gave it to a reporter, Mr. Nilo Abroguena. The CIDG Director for Northern Mindanao, P/SSupt. Julian Pantonial, later took Mr. Leo Velasco’s glasses from Mr. Nilo Abroguena.

67.

Ms. Lorena Santos strongly suspects that the combined military and

police elements who had their eyes on Mr. Leo Velasco are the ones responsible for abducting him. Lt. Col. Jack Baltazar of the Intelligence Service of the Armed Forces of the Philippines (ISAFP) admitted to Ms. Lorena Santos that the military had long wanted to get Mr. Leo Velasco for his alleged underground activities though he bluntly denied he was in their possession.

68.

Mr. Leo Velasco’s family, to this day, has no idea where he is held and

greatly concerned for his safety. They call on the government and its agents to release Mr. Leo Velasco and put a stop to its continuing practice of enforced disappearances.

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The enforced disappearance of Rogelio & Gabriel Calubad 69. On 17 June 2006, at about 7:00 a.m., Rogelio Calubad, 53 years old,

and his son, Gabriel, 29 years old, left their house in Barangay ApadLutao, Calauag, Quezon for Barangay Bangkuruhan of the same town, to fence off a parcel of land recently purchased by Rogelio’s sister. They left on a motorcycle driven by Gabriel.

70.

About twenty (20) meters from their destination, Rogelio and Gabriel‘s

vehicle was suddenly overtaken by a dark blue van bearing no license plate and a motorcycle, causing Rogelio and Gabriel to fall off their motorcycle. Immediately, several armed men alighted from the van and forced Rogelio and Gabriel to lie face down on the ground. They

handcuffed and jostled Rogelio into the van, while they forcibly took Gabriel onto their motorcycle. After snatching Rogelio and Gabriel, the convoy sped away and abandoned the motorcycle belonging to Rogelio and Gabriel.

71.

Worried about her husband and son’s failure to return home that day,

Rogelio’s wife, Elizabeth, searched for them in vain the following day in Barangay Bangkuruhan.

72.

Having been told by a villager in Barangay Bangkuruhan who witnessed

the abduction, Elizabeth, accompanied by the chairpersons of barangays Bangkuruhan, Apad-Lutao and Madlandungan, next went to the Calauag Police Station to report the incident. There, Elizabeth was informed that the victims’ motorcycle had been earlier turned over to the station by a barangay peace officer. Elizabeth also learned from police investigator Nestor Afuen that the police already knew about the incident as early as 10:00 a.m. of 17 June 2006.

73.

Having obtained no information from the police about the whereabouts

of her husband and son, Elizabeth, together with the three barangay chairpersons, proceeded to the 76th Infantry Battalion stationed at Brgy. Biñas. The commanding officer, a certain Ben Tibano, denied having

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custody of Rogelio and Gabriel. Elizabeth and her group also searched for the victims at the headquarters of 417th Provincial Police Mobile Group at Camp Villarasa in Brgy. Sta. Maria, but the public information desk officer there denied having custody of the missing Calubads.

74.

Prior to the abduction of Rogelio and Gabriel Calubad, on 10 August

2005, Rogelio’s brother, Cesar Calubad, was unlawfully arrested without a warrant by the Police Mobile Group of Camarines Sur. Cesar had later confided to Elizabeth that he was subjected to a tactical interrogation in which he was asked mainly about the personal circumstances and whereabouts of his brother, Rogelio. Cesar’s captors tortured him in an attempt to force him to turn in his brother.

75.

Elizabeth

also

recalls

that

on

September

2005,

an

alleged

representative of the Department of Local and Interior Government conducted a purported census on Elizabeth’s house and underhandedly asked personal information about Rogelio Calubad. Elizabeth strongly suspects that the military belonging to the 2nd Infantry

76.

Division of the Philippine Army based in Camp Nakar, Barangay Gulanggulang, Lucena City, Quezon, by order and at the behest of SOLCOM Chief Lt. Gen. Alexander Yano, ISAFP Chief Commodore Leonardo Calderon, Jr. and AFP Chief of Staff Gen. Hermogenes Esperon, Jr., and their agents were behind the abduction of her husband and son, especially because Rogelio Calubad is a consultant to the NDFP Negotiating Panel. As such, Rogelio is a duly accredited and protected person under the Joint Agreement on Safety and Immunity Guarantees (JASIG) between the Government of the Republic of the Philippines (GRP) and the NDFP. Moreover, he and his son had not committed any offense for which they may be arrested or deprived of their liberty without any formal charge or judicial warrant.

77.

To this day, the case of petition for habeas corpus now pending before

the Regional Trial Court of Manila has not been resolved and Rogelio and Gabriel remain missing.

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The enforced disappearance of Patricio Abalos

78.

In the evening of March 28, 2005, Patricio Abalos, 67 years old, the

provincial chairman of the farmers’ cooperative in Brgy. Guindapunan, Catbalogan, Samar, was at home with his family and other relatives. They were watching television when suddenly Patricio’s daughter, Cristina, noticed a Toyota Revo van parking in front of their house and saw some men around the vehicle. She told her father about it. When he went out to check, the car was gone.

79.

When the van came back, four (4) armed military elements belonging to

the 8th Infantry Division under Maj. Gen. Jovito Palparan forcibly took Patricio Abalos at gunpoint. Thereupon the van sped away. A motorcycle bearing no car plate like the van was on tail.

80.

In the evening of the same day, Patricio’s family reported to the police

the fact of the abduction.

81.

The next day, Cristina and her mother searched for Patricio at Camp

Lucban in Maulong, Catbalogan where the 8th Infantry Division of the Philippine Army is based. But they were denied entry into the camp. They then tried to seek the help of the Public Attorneys’ Office. But said office, explaining that it was also being harassed, turned them down. Not giving up, on March 30, 2005, they went back to the military camp, but once again they were shooed away.

82.

On March 31, 2005, six soldiers barged into and searched Patricio’s

house against the will of the members of the family and without a search warrant. The group was headed by one who introduced himself as Lt. Wilbert Basquiñas who arrogantly admitted having custody of Patricio. He told Patricio’s family that he and his men were looking for a gun allegedly kept in Patricio’s wooden trunk. Cristina and her family pleaded with the soldiers. Lt. Basquiñas ignored them and proceeded to ransack the

house, threatening and aiming his pistol at the family while brandishing his fan knife.

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83.

While the soldiers could not find any gun, they still took with them

Patricio’s trunk which contained his IDs, wallet and medicines. They also threatened to take Patricio’s wife should she not surrender the gun they were insisting was inside the trunk. Cristina’s family later reported the incident to the police. But the latter refused to help them, saying they would not want to antagonize the military.

84.

On April 2, 2005, Cristina went back to the police station and reiterated

the fact that her father remains missing.

85.

On April 7, 2005, Cristina and her mother went to seek the help of

Congressman Figueroa. They chanced upon Gen. Palparan at the congressman’s house. Cristina noticed that the general’s vehicle parked

outside the house was the same vehicle used by the military in the abduction of her father.

86.

Cristina and her mother confronted Gen. Palparan. But Gen. Palparan

ridiculed Patricio and tried to bully the family into admitting that Patricio was an NPA. Palparan threatened the family, saying: “I hope that when your father and I talk again, he won’t be as hard headed as he is. I’m bad when I get angry and I’m getting angry now.”

87.

Cristina asked Palparan why her father was being illegally detained and

why they were not allowed to visit him. At this, Palparan replied that he had given the go-signal to visit Patricio. Cristina and her mother also

insisted for the release of Patricio, but Palparan rejected it, saying Patricio was old anyway.

88.

After Palparan left, Cong. Figueroa told Cristina and her mother that

Palparan had admitted Patricio was in the military’s custody.

89.

Cristina filed a petition for habeas corpus against the military unit

illegally detaining Patricio before the Court of Appeals in Cebu City. However, the court dismissed the petition on the ground that there was no sufficient proof of detention. The order of dismissal of the petition was

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issued despite the fact that Cristina and other witnesses were presented to prove that armed military elements belonging to the 8th Infantry Division and upon the order of Gen. Jovito Palparan forcibly abducted Patricio Abalos from his house on March 28, 2005.

90.

Cristina has also filed cases of arbitrary detention, robbery, violation of

domicile, among others, against then Brig. Gen. Palparan and Lt. Basquiñas. But the Office of the Provincial Prosecutor in Samar absolved Palparan from the charges.

The enforced disappearance of Perseus Geagoni

91.

Perseus Geagoni is an active organizer and the Education Officer of the

Kawasaki sports motorcycle with motor plate “for registration” from the office of Negros Federation of Sugar Workers (NFSW) in Bacolod City in the evening of 05 December 2005 when he was abducted by unidentified men.

93.

A witness named Thadea B. Vivero said that about 6:30 P.M. of 05

December 2005, she saw a red and black colored Kawasaki sports motorcycle overtaking the jeep she was riding. Ahead of it were a Honda motorcycle and a gray, tinted Tamaraw FX van swerving and deliberately blocking the Kawasaki sports motorcycle.

94.

According to Perseus’ wife, Nieva, sometime on the third week of

December 2005, a soldier confirmed that a group of thirty (30) operatives led by 1st Lt. Clarence Garrido of the 11th Infantry Battalion and under the supervision of the Visayas Military Intelligence Command under the command of Major Ariel Quiachon of the Philippine Army were responsible for the abduction of Perseus Geagoni.

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95.

Prior to the incident, Geagoni had reported several instances of being

tailed. One particular incident was in November 2005 when he was chased by a motorcycle-riding man in Garita, Brgy. Zone 14-A, Talisay City. He avoided the man by speeding up towards Colegio de San Agustin, Bacolod. Also, on several occasions, two unidentified men had asked for his whereabouts.

96.

The fact of his abduction has been reported to the police. To date, the

victim remains missing.

SUMMARY EXECUTIONS OR EXTRAJUDICIAL KILLINGS Extra-Judicial Killing of Sichi Bustamante-Gandinao 97. Sichi Bustamante-Gandinao was a member of Misamis Oriental MOFA has

Farmers Association (MOFA) and Bayan Muna Party-List.

been accused by the 8th IBPA under the command of Lt. Col. Eric Vinoya of being a supporter of the NPA.

98.

Before Sichi was summarily executed, her family (husband Anselmito

and children Elda and Allen) used to work on weekdays in their farm in Sitio Nabuolan, Barangay Guinalaban, Salay, Misamis Oriental, and spent weekends in their home at Purok 7, Poblacion, Salay.

99.

In the morning of March 5, 2007, while the family was in their farm, they

noticed several elements of the 8th IB roaming about near their farm until the family left the place on March 10, 2007.

100. On March 10, 2007, at around 7 a.m., Allen, with a cousin, went to the barangay hall of Guinalaban upon the invitation of Sgt. Bahian. They found several elements of the 8th IB outside and inside the barangay hall. Thereat, Allen was asked by Sgt. Bahian and Pfc. Booc if he had an ID, if his mother Sichi had one, too, to which he replied in the negative. He was also asked what time Sichi would leave the farm and answered that maybe after lunchtime.

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101. On their way back to the farm, Allen and his cousin were escorted by a soldier in civilian clothes. Upon reaching Sitio Taas, they saw two

motorcycles with two riders on each wearing helmets and jackets. The first motorcycle was a red XRM which slowed down upon seeing Allen, but immediately went ahead when the second motorcycle signaled to it.

102. At around 2 p.m. of March 10, 2007, the family began their trek down to Salay poblacion. Anselmito walked ahead of his wife and daughter, as he was steering the cow sled which was loaded with a sackful of rootcrops. Sichi was about ten meters away behind Anselmito. At arms length behind Sichi was her daughter Elda who was lugging a backpack full of bananas. 103. In their hike, they passed by the detachment of the 8th IB where Elda saw a red XRM motorcycle parked by the gate. About 50 meters away from the detachment, Elda noticed a man who walked past her, grabbed a gun on his waist, suddenly turned around faced Sichi and instantaneously fired successive shot at the latter. Sichi tried to take cover from the attack but fell down. She was hit on her hand, forearms and chest.

104. Shocked with the rapid turn of events, Elda was not able to come to the aid of her mother being attacked. She screamed for help. It was only that time that Anselmito saw what had happened. Meanwhile, the assailant instantly disappeared towards the direction of the military/CAFGU detachment.

105. Anselmito picked up the bloodied Sichi, while Elda continued shouting for help. Many residents in the barangay heard her cry for help but nobody responded. The barangay chairman feigned helping by calling for the

patrol car but later announced it would not be dispatched as it was elsewhere.

106. While Anselmito was rushing on foot the still breathing Sichi to the nearest hospital, a motorcycle passed. Its driver offered help and took Anselmito and Sichi on board. After a short distance, however, the driver asked the spouses to alight as the motorcycle could not bear their weight.

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107. While screaming for help, Elda saw military officers playing basketball. But these soldiers never offered help and went on playing as if nothing was happening.

108. When Allen came back, he and Elda alternately carried Sichi on foot. Exhausted, the siblings dropped down by the roadside, with Elda still screaming for help. A moment later, they saw a motorcycle approaching. Two male riders were on board it. Elda cried for help and asked them to take her mother to the nearby hospital. But her cries fell on deaf ears. The motorcycle headed to the military detachment.

109. Later, the same motorcycle appeared, along with the red XRM motorcycle earlier seen by Elda at the detachment. One of the two riders thereon was the same person identified by Elda as the one who assaulted her mother. At that instant, Elda cried on top of her lungs, “That man on the motorcycle, he shot Nanay! Take note of the license plate!” No one attempted to stop the motorcycle which sped away and which bore no license plate.

110. Finally somebody helped them take Sichi to their house in Purok 7. The family thought Sichi had expired. But they heard Sichi moan softly, so they brought her to the municipal hall where an ambulance took Sichi to Cagayan de Oro City, an hour and a half away from Salay. On their way to the city, they dropped by the Balingasag Medicare Hospital to give Sichi a dextrose. But she was declared dead on arrival at said hospital. The attending physician said Sichi sustained four gunshot wounds.

111. The motive behind the summary execution of Sichi is clear. Sichi was one of the witnesses in the murder of Dalmacio “Daki” Gandinao who was gunned down on February 8, 2007. Sichi submitted a written testimony to Mr. Philip Alston in Davao City. Alston is a UN Rapporteur on Extra-

judicial, Summary and Arbitrary Executions who recently came to the country and conducted an investigation into the escalating incident of extrajudicial killings of activists in the Philippines. In said investigation, Sichi identified the military agents who cased the house of Dalmacio

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before he was murdered.

112. After giving her testimony, Sichi and her family began noticing unusual movements at night near their house and being subjected to surveillance. Even before her testimony before Mr. Alston and while Dalmacio was still alive, the latter had warned Sichi that she and her sister Tina were in the military’s order of battle.

113. Moreover, immediately prior to her murder, the military conducted a “pulong-pulong” in their barangay where they announced that they were out to get someone in Purok 7 of Barangay Guinalaban and in Barangay Alipuaton (where Tina lives).

The extrajudicial killing of Rev. Isaias Sta. Rosa

114. On 3 August 2006 at around 10:35 p.m., Pastor Isaias Sta. Rosa was abducted and then murdered in Brgy. Malobago, Daraga, Albay by armed men wearing bonnets, at least one of whom was positively identified as a soldier.

115. Isaias Sta. Rosa was a member of Legaspi City United Methodist Church in South Bicol District, a freelance writer, project consultant for non-government organizations and Executive Director of the Farmers’ Assistance for Rural Management Education and Rehabilitation, Inc., a non-government organization that gives assistance to farmers in improving their economy. He was also an active member of the peasant group

Kilusang Magbubukid ng Bikol (Bicol Peasant Movement), an affiliate organization of the Kilusang Magbubukid ng Pilipinas (Philippine Peasant Movement) which is active in the fight for genuine land reform and calls for the ouster of President Gloria Macapagal-Arroyo.

116. At around 7:30 p.m. of August 3, 2006, three (3) hooded armed men who, except for one who appeared to be the leader and was wearing a maroon shirt and black short pants, were all wearing army-issued

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camouflage pants, combat boots and dark long-sleeved t-shirts, barged into the house of brothers Ray-Sun and Jonathan Sta. Rosa. The armed men were looking for their brother Pastor Isaias Sta. Rosa. They were told to lay prone on the ground while the armed men stepped on their heads and poked their guns on them. Ray was able to observe the presence of more armed men positioned amidst the bushes. Jonathan was hit with a gun barrel on his head when he tried to look around.

117. They then accused the two brothers of being members of the New People’s Army, which the two denied. Thereafter, Jonathan was dragged at gunpoint to the house of his brother Pastor Sta. Rosa situated just a few meters from his own house.

118. Sonia, the wife of Pastor Sta. Rosa, heard a commotion outside their house. She peeped through one of their windows to check but she did not see anything. At that time, Isaias Sta. Rosa and children Demdem, Philip and Mikko were also inside the house.

119. They heard a knock on the door and Sonia heard the soft voice of Jonathan calling Isaias. She opened the door and saw Jonathan looking pale. As Sonia was calling out Isaias, a short stout man wearing a ski mask, a maroon t-shirt and short pants, and armed with a .45 cal. pistol barged inside their house and ordered them to drop to the floor. The armed stout man was followed by about six to ten similarly armed men who were hooded with ski masks, wearing black t-shirts, camouflaged pants and combat boots. Isaias Sta. Rosa was then immediately tied with his hands at the back. He was mauled while he was being forced to admit that he was the “Elmer” that they were looking for and that he had a gun.

120. They herded Jonathan, Sonia, Dem-dem, Mikko, Philip and Ray into one of the rooms while Isaias was brought to the other room. The

soldiers then left the house taking with them Isaias, who was still tied and bloodied. His laptop computer and cellular phones were taken from him.

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121. Sonia rushed outside and called for help from her sister Madelyn, who lives near their house. The neighbors were stirred as Madelyn shouted for help. A few minutes later, gunshots were heard – six shots, a pause, then another three shots.

122. Ray, Jonathan and their neighbors immediately went to the direction where the gunshots came. There they found the body of Isaias Sta. Rosa along a creek about 50 meters away from his house.

123. They also found another dead body, with the face covered by a bonnet, wearing a maroon shirt and shorts about five meters away from the body of Isaias, along with a .45 caliber pistol fitted with a sound suppressor or silencer. He was the same man who led the armed group that abducted Isaias.

124. Afterwards, a group of policemen led by Colonel Capinpin, the chief of Daraga Police Station, arrived along with the barangay chief, Artita Padilla. The police recovered from the scene the pistol as well as one spent shell for .45 caliber pistol and one .45 caliber slug. Also recovered by the police from the then unidentified body were a Philippine Army identification card of one Private First Class Lordger Pastrana with expiration date of 9 December 2008, and a mission order issued in the same name by the 9th Military Intelligence Battalion of the 9th Infantry Division, Philippine Army, based in Camp Weene Martillana, Pili, Camarines Sur. The mission order is signed by Major Ernest Marc Rosal and bears the effectivity date 11 July 2006 until 30 September 2006.

125. The other dead body was later identified to be that of Pfc Lordger Pastrana of the Military Intelligence of the 9th Infantry Division. Autopsy reports showed that Isaias Sta. Rosa died after sustaining six gunshot wounds while Pastrana sustained one gunshot wound.

126. Immediately after the killing of Isaias Sta. Rosa, the police quickly announced it through media to be a case of robbery with homicide.

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127. However, on 24 August 2006, the regional office of the Philippine Commission on Human Rights released its Initial Investigation Report positively countering the theory of the police, stating thus: It is evident that there is legal ground to prosecute the army soldiers in the company of Cpl. Lordger Pastrana for murder as this case would not contemplate robbery with homicide, but one of murder in view of the mission order found in Pastrana’s possession and the prior incident of assault upon the household of Sta. Rosa’s neighbor, Alwin Mirabuna, wherein these armed suspects inquired the whereabouts of Isaias Sta. Rosa, a person possible subject of the secret mission. Since the identity of the suspects cannot be ascertained, it is recommended that the Commanding Officer in the above-cited mission order be legally made answerable under the principle of command responsibility governing military conduct. 128. The military and the police did not conduct further investigation on the case. The military also refused to reveal any relevant data, such as the names of the team members of Pastrana. The military and the police tried to cover-up the case by declaring that Pastrana was on Absence Without Leave (or AWOL) and that he was in the place to woo somebody. The PNP on the other hand declared that the case is a simple case of robbery with homicide.

129. In the meantime, Sonia and her children are now living in constant fear, while Ray and Jonathan had to move out of their barangay. Sonia is also scared of filing a case in court because of the threat of retaliation from the perpetrators.

The case of Rev. Andy Pawican

130. On May 21, 2006, Pastor Andy Pawican of the United Church of Christ of the Philippines (UCCP)-Pantabangan was on his way home to Sitio Maasip, Barangay Tayabo, San Jose City from Sunday worship in Sitio Maluyon, Barangay Fatima, Pantabangan, Nueva Ecija. He was with his wife, Dominga Pawican, their eight-month-old baby, his mother-in-law Maria Binlingan and a neighbor named Bernadette Tayaban.

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131. About 200 meters before reaching their house, they were stopped by three soldiers in uniform belonging to the 48th Infantry Battalion which is under the command of the 7th Infantry Division of the Philippine Army.

Dominga Pawican and Bernadette Tayaban went ahead while Pastor Andy, who was carrying his eight month-old baby, stayed behind.

133.

At around 2:30 p.m., several shots of gunfire were heard from the

place where Pastor Andy was held by the army soldiers.

134. Several minutes later, a soldier came to the house of Dominga Pawican carrying Pastor Andy’s eight month-old baby, her shirt stained with blood and with a scratch on her face. It was then that the family of Pastor Andy learned that he was shot to death by the soldiers for allegedly being a supporter of the New People’s Army and for allegedly fighting back at the soldiers.

135. The relatives and friends of Pastor Andy were not allowed to go near his body which was heavily guarded by military soldiers until the following day.

136. On May 22, 2006, residents of barangays Fatima and Tayabo, namely, Blacio Binlingan (father-in-law of Pastor Andy), Roger Binlingan, Mempe Ruiz, Marlon Talac, Mariano Muling, Pastor Sebio Guindayan, Carlito Hongduan, Telio Palting, Paredes Baguilat, Anton Balectad, Fidel Palting and Ruel Marcial went to Sitio Maasip, Brgy. Tayabo upon the plea of spouses Paredes and Estela Baguilat to accompany them back to their house in Brgy. Tayabo, Nueva Ecija. The spouses were among the

residents of Brgy. Tayabo who fled their homes when the military soldiers started firing their guns.

137. On their way to Brgy. Tayabo, they saw the body of Pastor Andy being guarded by more or less sixty soldiers led by Lt. Ariel Galado and Lt.

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Freddie Lobusta of the 48th IB, 7th Infantry Division of the Philippine Army. The residents saw a gunshot wound on the head of Pastor Andy, his arms heavily bruised and bore cigarette burns, his eyes swollen with a heavy black-eye and his feet twisted. He was still wearing the barong tagalog he wore during the Sunday mass.

138. When the soldiers saw the residents, they asked them where they were going and if they were supporters of the NPA. They noticed Fidel Palting who had long hair and asked him if he was a member of the NPA. Under duress, he was forced to lie and say that he was a member of the NPA. The soldiers also forced him to point to other members of the NPA. Fidel Palting was forced to say that Ruel Marcial, his first cousin, was an NPA supporter.

139. The soldiers asked the residents to carry the body of Pastor Andy to Brgy. Tayabo, San Jose City. They were escorted by more or less twenty soldiers.

140. Upon reaching Brgy. Tayabo, the remains of Pastor Andy was boarded on a six by six military truck. The soldiers ordered Blacio Binlingan,

Mempe Ruiz and Marvin Palting to bring the corpse to Funeraria Ilagan in San Jose City. The other residents were ordered to go home.

141. Fidel Palting and Ruel Marcial were, however, ordered by the military soldiers to stay. They were forcibly brought to the Sto. Niño Camp 2nd in San Jose City which is the headquarters of the 48th Infantry Battalion under the leadership of Lt. Col. Joselito Kakilala. The 48th IB is a component of the 7th Infantry Division of the Philippine Army which at that time was under the command of Maj. Gen. Jovito Palparan.

The abduction and torture of Ruel Marcial

142. Ruel Marcial is a farmer from Aritao, Nueva Viscaya and a member of the United Church of Christ in the Philippines (UCCP).

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143. After the body of Pastor Andy was brought to Funeraria Ilagan, the other residents of Brgys. Fatima and Tayabo were ordered to go home, except for Fidel Palting and Ruel Marcial,

144. Palting was forced to ride on a motorcycle with a soldier. When the motorcycle returned, Marcial was also told to board the same motorcycle. He was later transferred to a waiting L300 van. Marcial was blindfolded, handcuffed and brought to a place he later learned to be Sto. Nino Camp, a military camp in San Jose City.

145. Inside the camp, while Marcial was still blindfolded and handcuffed, his shorts and briefs were removed. He was subjected to interrogation. He was forced to admit being a member of the NPA. He was asked, “Where are your comrades?”; “Where are they keeping their guns?” Whenever Marcial replied he was not a member of the NPA, physical assault and torture were inflicted on him for two straight days.

146. He was kicked on his left shoulder and neck. He was punched on his left shoulder and abdomen. He was beaten using a wooden bat on both arms and the lower parts of his body especially his buttocks. His skin on the lower left thigh was pinched with mechanical pliers. A lighted cigarette was pressed on his legs. He was burned on his legs and lower parts of his body with a flaming wooden stick.

147. During the interrogation, the soldiers were drunk.

Marcial was also

forced to drink liquor. His captors tried to burn his nose with a lighter. With bullets inserted between his fingers, his hands were squeezed. His anus was pricked with the pointed tip of a bolo or knife.

148. The torture was inflicted continually. Marcial was not allowed to sleep nor rest. He was threatened he would be killed. His captors inserted cogon grass and stalks into his penis. At times during the interrogation, he was made to lie down and remove his blindfold but his eyes were rubbed with salt. His captors also forced open his mouth, poured water in and tried to drown him. They also choked Marcial with a rope. The nails of his

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big toes and the 2nd digit of his left fool were pried off using a bolo. The soldiers also cut his hair using a knife or a bolo and removed part of his scalp on the back of his head. Unable to bear the pain and horror of torture by the soldiers, Marcial was forced to declare that he was a member of the NPA and that he was willing to cooperate to find the rebels’ camp. Thereafter, in the course of the physical and psychological torture, Marcial lost consciousness.

149.

When he woke up, his foot was bound to a post with a metal chain.

His blindfold was removed. From then on, he was allowed to sleep and the soldiers fed him. He was held captive for more than one month.

150. While Marcial never saw Palting inside the camp, he surmises that Palting was in one of the huts in the camp because he saw soldiers guarding a hut and bringing food.

151. On July 7, 2006, while the soldier assigned to guard Marcial left for a few minutes to get food for their supper and while only a few soldiers were in the camp at that time, Marcial was able to free himself using a big nail to remove the lock of the metal chain that bound his foot. He ran away from the camp and walked in the forest for about 2 days. He sought help from a friend who brought him to a safe place.

152. While Marcial was brought to a sanctuary, a petition for habeas corpus was being prepared by the family of Fidel Palting. Before they could file the petition, however, the military surfaced Palting and brought him back home. Palting was seen holding a handheld radio and cell phone

apparently given by the military requiring him to report to the military. To date, Marcial fears for his life and continues to stay in a sanctuary.

The case of Eddie Gumanoy and Eden Marcellana

153. Eden Marcellana, then Secretary General of KARAPATAN-Southern Tagalog; and Mr. Eddie Gumanoy, Chairman of KASAMA-TK, a peasant organization in Southern Tagalog, led a fact-finding team of 11 persons to

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Gloria, Mindoro Oriental on April 19-21, 2003 to investigate cases of human rights violations in that area.

154.

On April 21, on their way back to Calapan City after their fact finding

investigation, the passenger van the group was riding was blocked by armed men, some of whom were wearing military uniforms, at the town of Naujan, Mindoro Oriental. The armed men forcibly took away Ms. Four others were separated from the

Marcellana and Mr. Gumanoy.

group, blindfolded and dropped off in different places in Mindoro Oriental.

155. The following day, April 22, 2003, the lifeless bodies of Ms. Eden Marcellana and Mr. Eddie Gumanoy were found in a roadside ditch in Brgy. Alcadesma, Bansud, Mindoro Oriental. They were both brutally tortured before being killed. MSgt. Donald Caigas, intelligence officer of the 204th IBPA and military asset Aniano “Silver” Flores as well as elements of the 204th IBPA under the command of then Col. Jovito Palparan, Jr. are believed to be behind the killings and other human rights violations committed upon this group. Elements of the 204th IBPA, together with military assets who were former rebels, are also believed to be behind these killings.

156. Threats, Harassment and Intimidation, Coercion, Divestment of Property – The other members of the 11-person fact-finding team that went with Ms. Eden Marcellana and Mr. Eddie Gumanoy to Gloria, Mindoro Oriental experienced threats and harassments while they were under the control of the armed men who commandeered the van they were riding. The soldiers and armed men took their cell phones and wallets and threatened to kill them if they continue with their work.

The summary execution of Bishop Alberto B. Ramento 157. In the early morning of October 3, 2006, Bishop Alberto B. Ramento of Iglesia Filipina Independiente or IFI (Philippine Independent Church), widely known as the “bishop of the poor peasants and workers”, was brutally stabbed to death in his room at the San Sebastian Church in Tarlac City.

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158. The family of Bishop Ramento and his church strongly believe that the investigation conducted by the police is a cover-up and a sham. They are certain the killing was politically motivated. They cite the numerous death threats received by the bishop which he had communicated to them. They believe he was murdered because of his political activities and affiliations as a human rights advocate, especially his staunch and active support for the striking workers of Hacienda Luisita and his open condemnation of the human rights violations committed by state forces not only in Central Luzon but throughout the country.

159. Simply because his cellular phone and bishop’s ring were missing and presumed stolen, the Philippine National Police was quick to dismiss the case as a simple case of robbery with homicide. But the family of the bishop and the church to which he belonged are not convinced about the investigation conducted by the police for the following reasons: the crime scene investigation by the police was perfunctorily done and completed in only about two hours, after which the crime scene was not cordoned off to preserve the evidence. Apparently, no fingerprint was lifted from the crime scene; the police report never came up with a fingerprint finding. Except for the sworn statement of the church caretaker, Archimedes Ferrer, there was no interview of any family member, church member or other people close to Bishop Ramento.

160. A man of peace, Bishop Ramento formed and headed the IFI’s “Peacemakers”, was Co-Chair of the Philippine Peace Center and a Convenor of Pilgrims for Peace, a multi-sectoral network supporting the peace negotiations between the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) and advocating a just and lasting peace based on justice, freedom and democracy. In 1998, the NDFP nominated him as an Independent Observer in the Joint Monitoring Committee of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).

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161. Bishop Ramento was likewise often in the frontlines of protests and rallies denouncing the ills of Philippine society and demanding the ouster of President Gloria Macapagal-Arroyo. The killing of Alice Omengan-Claver & frustrated killing of Dr. Constancio “Chandu” Claver 162. Dr. Constancio “Chandu” Claver, a practicing physician, is the Chairperson of Bayan Muna-Kalinga and Vice-Chairperson of Cordillera Peoples Alliance-Kalinga. He is also the Chairman of the Board of the Philippine National Red Cross in Kalinga and a member of the Kalinga Medical Society. He served as the Executive Director of the Community Health Education Center in Kalinga Apayao. On the other hand, Alice Omengan-Claver was an active member of the Cordillera Peoples Alliance during her college years in Manila. Upon returning to Tabuk, she had been very generous in providing support to people’s organization including the Cordillera Peoples Alliance in Kalinga.

163. Sometime on 31 July 2006 at around 6:45 in the morning, Alice and Dr. Claver were aboard a Black Pajero Van when they were ambushed by unidentified gunmen-wearing black bonnet and sweatshirt. The assailants were on board a White and Black Delica Van with plate number BFC-372 and TNB-901, respectively. They were supposed to drop their daughter, Cassandra, to school at Saint Tom’s College in Barangay Bulanao, Tabuk, Kalinga when the incident happened.

164. Dr. Chandu Claver was seriously wounded while Alice Claver sustained multiple gunshot wounds. They were brought to the Kalinga Provincial Hospital where Alice expired six hours later while undergoing surgery. Their daughter, Cassandra (7 years old), escaped the attack physically unharmed but severely traumatized psychologically.

165. Task Force Bulanao was created to investigate the incident.

The

members of the Task Force showed Dr. Claver a cartographic sketch of a man who was seen by the witnesses as one of the gunmen who fired at

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their vehicle on July 31, 2006. Dr. Claver affirmed that the cartographic sketch matched the features of the man he saw briefly standing at the left side of his vehicle before he was fired at by the other man in a black ski mask and black sweat shirt. The killings of Agnes Abelon and Amante Abelon, Jr. and the frustrated summary execution of Amante Abelon, Sr. 166. Amante Abelon, Sr. and his wife are active members of Kilusang Magbubukid ng Pilipinas (KMP or Farmers’ Movement in the Philippines) and the progressive party-list organization Anakpawis (Toiling Masses) in Zambales, an area within the jurisdiction of the 7th Infantry Division of the Philippine Army then under the command of General Jovito Palparan.

167. Amante Abelon, Sr. is likewise an incumbent councilor of Barangay San Rafael, San Marcelino, Zambales. He is also the Vice Chairperson of

168. On March 20, 2006, at around 11 a.m., while he, his wife Agnes, and their five-year old son, Amante, Jr., were on board their motorcycle on their way home from the Municipal Hall of Castillejos, Zambales, two (2) men on board another motorcycle fired at them. Amante, Sr. was hit by three (3)

bullets on his left arm. The motorcycle the Abelons were riding skidded and fell to the ground. Knowing that he was the target of the gunmen, his wife prodded him to run. While running, he told his wife and child to do the same as he believed the armed men were only after him as the gunmen continued to fire at him. They stopped shooting only when they reached a crowded place.

169. Amante, Sr. suffered nine (9) gunshots wounds in different parts of his body. He was able to call for help and was brought to a hospital for

treatment. It was only after his one week confinement in the hospital when he learned that his wife, Agnes and his son, Amante, Jr., were shot in the head by his assailants.

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170. Despite the fact that the incident happened on the highway and the police responded immediately, they did not conduct an investigation, did not even take photographs of the crime scene nor, at the very least, made a sketch of the place of the incident and the relative position of the victims, all of which are standard operating procedure in crime investigation.

171. While Amante, Sr. was in the hospital, unidentified men were still looking for him.

172. To date, the perpetrators remained unidentified.

However, Abelon

believes that his frustrated summary execution and the killings of his wife and child were the handiwork of the intelligence forces of the Philippine Army and the same were politically motivated as they were active members of KMP and Anakpawis.

The killing of Diosdado Fortuna

173. Diosdado Fortuna or “Ka Fort” as he was fondly called by his colleagues was the president of the Union of Filipino Employees, the recognized bargaining union of the employees in Nestlé Philippines. He led the workers’ strike starting January 14, 2002 after the management refused to comply with the 1991 Supreme Court ruling on the inclusion of the workers’ retirement benefits in their collective bargaining agreement.

174. Fortuna was also the chairperson of PAMANTIK-KMU, the regional formation of trade unions based in Southern Tagalog; and the chairperson of Anakpawis Party-list in the same region. 175. On 22 September 2005, Diosdado Fortuna was shot twice in the back by two unidentified armed men in the subdivision near Sagara Factory in Barangay Paciano, Calamba City. The bullets went through his chest fatally hitting his heart, liver and spleen, and causing his instant death.

176. Prior to his death, he reported that he had constantly been under surveillance from the time the union went on strike. encounters with the police on different occasions. He had several

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177. Sometime on April 2002, Fortuna, together with other sectoral leaders, was invited by the then General Cesar Sarino at Camp Vicente Lim to supposedly discuss the problems in the picket line. During the meeting, however, they were told that 95 unions under the banner of Kilusang Mayo Uno (KMU or May First Movement) were suspected fronts of the CPP-NPA and were all under surveillance.

178. On 12 October 2003, Jose Betito, another labor organizer in the region was abducted in front of the PAMANTIK office. The abductors mistook him for Fortuna. According to him, he heard one of the abductors tell his Betito was

companion that Betito was not the one they were looking for.

illegally detained for more than 24 hours during which time he was shown surveillance videos and photos of Ka Fort. There was even a video and photo of Ka Fort with X marks, he said.

179. Although Ka Fort’s case has been reported to Calamba-PNP and Task Force FORTUNA was created to investigate the case, to date the investigation has not progressed.

TORTURE The abduction and Torture of Brothers Raymond and Reynaldo Manalo 180. On February 14, 2006, at around 2p.m., armed men in civilian clothes barged into the house of Jesus and Ester Manalo in Brgy. Bohol na Mangga, San Ildefonso, Bulacan, looking for their son “Bestre” (short for Roberto) who was a former NPA member. At that time, their 22-year old son Raymond was taking a nap. The armed men then beat up Raymond. He and his mother pleaded with the armed men, saying he was not Bestre. But the armed men proceeded to tie Raymond’s hands and dragged him into a white van. According to a witness, the van was driven by M/sgt. Rollie Castillo, commander of the 24th infantry Battalion, PA stationed in Brgy. Pinaod, San Ildefonso Bulacan, which military unit belongs to the 7th Infantry Division then under the command of then Maj. Gen. Jovito Palparan, Jr.

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181. Thereafter, the armed men proceeded to the house of Reynaldo, brother of Raymond, in the same village. At that time, Reynaldo and his wife were busy hauling charcoal which was the source of their income. One of the armed men ordered Reynaldo to kneel down while the other armed men stormed his house, illegally searched it and seized Reynaldo.

182. The Manalo family reported the abductions of Raymond and Reynaldo (both farmers) to San Ildefonso Police Chief Emma Libunao who took them to the 24th IBPA detachment where they met M/Sgt. Castillo. The latter assured them nothing untoward would happen to Raymond and Reynaldo.

183. On May 12, 2006, the relatives of the abducted brothers filed a petition of habeas corpus at the Court of Appeals against then Lt. Gen. Hermogenes Esperon, Jr. then in command of the Philippine Army; then Maj. Gen. Jovito Palparan, Jr., then 7th IDPA Commander; M/Sgt Rizal Hilario alias Rollie Castillo; and members of CAFGU namely, Michael dela Cruz, Mading dela Cruz, “Puti” dela Cruz, “Pula” dela Cruz, Randy Mendoza and Rudy Mendoza. These respondents denied being involved or having participated in the abduction of the Manalo brothers.

184. On July 25, 2006, the Manalo Family filed a complaint against the Deparment of National Defense (DND) and certain military officials with the CHR.

185. On August 13, 2007 between 1:00-2:00 a.m., the brothers escaped from illegal detention. Raymond narrated that after they were seized on February 14, 2006 by a group of armed men led by M/Sgt Rolly Castillo, they were taken to Fort Magsaysay in Nueva Ecija where the 7th IDPA is based. They were tied and blindfolded, severely beaten up, burned up with “dapog” in their arms, thighs, back, lips and just below the eyes and other forms of torture. He told of his first attempt to escape after one week in captivity and of his recapture. He also said that during 18 months in

captivity, he saw other victims of enforced disappearance being similarly held incommunicado and subjected to various forms of physical and psychological torture.

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186. On August 23, 2007, the brothers filed with the Supreme Court a petition for Prohibition, Injunction, Temporary Restraining Order, among other reliefs, seeking to restrain the Secretary of National Defense, the AFP, its Chief of Staff, officers, agents and other persons under their authority, supervision, control and/or direction, from arresting or abducting the brothers. They also sought among other reliefs for a protective

custody order in favor the brothers.

187. On August 24, 2007 the Supreme Court issued a temporary restraining order.

188. On April 17, 2006, at around 10:35 in the morning, while Bernabe Mendiola was handing out the salaries of the workers in Iron Ore Mining, around 30 military elements in plainclothes, together with civilian guides Bitoy, Alladin and Alvin Pastrana, indiscriminately fired upon the workers’ site. At that time, there were more or less 60 workers in the work site. The assailants were armed with high caliber rifles such as M203, M16 and M14, and their faces covered. The civilian guides who were bare-faced were also armed with high caliber rifles.

189. The armed military men went to the workers’ huts located in the mining site. The workers were bodily searched and their personal belongings such as cellular phones, money and other personal items were forcibly taken from them. More or less 30 cellular phones and cash amounting to about P200,000 were taken from the workers.

190. The workers were all ordered to lie face down on the ground in front of the hut located at the center of the site and under the scorching heat of the sun from 10:35 am to 5:00 pm. Oscar Leuterio, Bernabe Mendiola, and the couple Virgilio and Teresa Calilap were separated from the rest of the workers. Their hands were tied and they were kicked, trampled and hit by

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M16 and M14 rifle-butts in different parts of their bodies. While being beaten, they were forced to tell the armed men the names and whereabouts of the members of the NPA.

191. At around 5:00 pm, the four victims were ordered to stand up and were blindfolded. Their abductors took them to the woods about 200 meters away from the center of Brgy. Camaching on board a truck owned by Iron Ore Mining. At the woods, the four workers were subjected to further

beatings. They were again interrogated on the whereabouts of the NPA.

192. At around 10:00 pm, they were brought to Camp Tecson in San Miguel, Bulacan. Oscar Leuterio said he saw where they were taken to because his blindfold got loose and he saw the words Camp Tecson on the arch they passed through. They were taken to a small hut in the rear part of the camp. They were deprived of food, and they were subjected to more

beatings. A certain Boy Muslim in yellow T-shirt and denim pants and who was drunk was carrying out the torture.

193. Boy Muslim pounded on Oscar Leuterio’s head with a 2x3 piece of wood that produced a big gash on the left side of his head. The same piece of wood was also used to pound his fingers and toes causing them to burst open. The wood was also used to clobber his legs and knees. When Boy Muslim once again struck his head with the piece of wood, Oscar lost consciousness. The other three victims suffered the same fate as Oscar’s. The latter related that before he lost consciousness, he

witnessed the beatings suffered by his other companions since they were all placed inside the same hut.

194. When Oscar regained consciousness, he saw his companions and an investigator who did not identify himself. The investigator told him that they were thankful that he regained consciousness because they all thought he was already dead. The investigator tried to mollify him by saying that Boy Muslim is really evil when drunk and he was only doing his job.

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195. In the morning of April 18, 2006, Oscar was taken out of the hut and was brought to a table beside it for questioning. The investigator asked him the names of the members of the NPA and where they were hiding. The questioning lasted for half an hour, after which, he was brought back inside the hut and the rest of the victims were also taken out for questioning.

196. Oscar related that because they were blindfolded and their hands were tied, a boy who introduced himself as Noli fed him during lunch. Noli was an altar boy of Fr. Viola, a Catholic priest from their hometown and the son of Oscar’s friend Lito. Noli was arrested because his brother is suspected to be an NPA member and his family allegedly supports the NPA.

197. They were made to take a rest after lunch and at about 8:00 in the evening they were taken on board a van; Oscar assumed this because they entered it through a sliding door on its side. He also sensed that other than the four of them, there were military men on board the van.

198. The travel lasted for about three hours and were brought to a house in the middle of the woods, which they later found out to be inside Fort Magsaysay in Laur, Nueva Ecija. They figured this out when they heard male voices talking about their plan to go to a wet market in Cabanatuan. This was later confirmed when they heard aircraft landing and taking off in a nearby airstrip. Fort Magsaysay is the closest military installation with an airstrip. 199. They were taken into a house with four adjoining cells. Each cell

measured about 6x3x5 feet. It had concrete walls and floor and metal grills topped with galvanized iron roofing. It also had a toilet made of hollow blocks at its other end.

200. Oscar was placed in the cell closest to the door, to his right was placed the Calilap couple, next to their cell was Bernabe Mendola’s and the last cell was occupied by the brothers Raymond and Reynan of Bohol na Mangga, San Miguel, Bulacan. Until now Mendiola remains missing.

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201. On the seventh day of their incarceration, the beatings resumed. They were whipped with a water hose in different parts of their bodies while being questioned on where they hid the guns and the names of those in possession of guns. The whipping lasted for about 5 minutes.

202. They were blindfolded every time they were taken out of their cells for questioning but their blindfolds were removed once they were inside. Since Oscar’s cell was beside the door, he could see the people outside through the space in the door when it was not properly closed.

203. The guards told them that “lolo’s replacement will take them home”. Oscar found out that it was a certain Gomez who accompanied them. Oscar and Manuel together with another one abducted and finally released from Peñaranda and six more soldiers rode in a Pajero. Oscar was made to get off in San Ildefonso, Bulacan and was told to hire a tricycle to go home. It took him two weeks to find a cellular phone to contact his son to pick him up.

205. At around 6:30 sundown of April 28, 2006, while traveling along Ligaya Drive, Sangay, Tagaytay City, the members of Tagaytay Five were forcibly and illegally abducted by an estimated 30 to 40 heavily armed elements of the Philippine National Police and the AFP-Philippine Navy Intelligence and Security Force (NISF). Their abductors wore various uniforms and plain clothes, all bearing no name plates, and carrying no warrants of arrest or search warrants.

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206. For three (3) agonizing days, which seemed eternity for them and their relatives, they were kept blindfolded and hog-tied, involuntarily interrogated without the aid of counsel, physically harmed and repeatedly threatened with electrocution and summary execution. They were held

incommunicado in various military and police camps and safe houses and deliberately hidden from their relatives. They were divested of all The

valuables, personal belongings, and organizational properties.

unmistakable marks of torture are now borne by at least two (2) of them. Sarmiento’s 2nd degree burn wound on his right leg remains unhealed three (3) months after their abduction.

207. Unable to get even a shred of evidence, the above-mentioned PNP unit planted belatedly evidence on the Tagaytay Five and declared in a press conference presided over by the then Chief of the PNP, Director General Arturo Lomibao in Camp Crame, Quezon City on May 1, 2006 that they belonged to a group of NPA sent to destabilize the Arroyo government during the Labor Day celebration. Brute force and psychological torture were inflicted but failed to force the Tagaytay Five to admit the false allegation of membership in the NPA.

208.

A case of rebellion was filed against the Tagaytay Five before the On the other hand, despite

Regional Trial Court of Tagaytay City.

complaints and evidence of torture found on the Tagaytay Five, the arresting officers were not even investigated by the PNP and the Navy.

The illegal arrest, arbitrary detention and torture of the “Lopez Six”

210. On June 7, 2006, an encounter between the NPA and elements of the Philippine Army occurred in Sitio Amogis, Barangay Pisipis, Lopez, Quezon, where an army soldier was killed and another wounded.

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211. On that day, minors Jefferson Paraiso, Kennedy Abilio and Joey Imperial together with Herbert Imperial were gathering copra, (dried coconuts for milling) when they heard the gunfire from a nearby area. Since it was dangerous for them to continue with their work, they stopped and went to their uncle, Fernando Torres. They decided to resume

working when the gunfire stopped. Along the way, however, they met the elements of Philippine Army who immediately took them into custody and brought them to the scene of the encounter. They were hogtied and

subjected to bodily harm by the military. Thereafter, they were brought to Barangay Villa Espina where a truckload of soldiers were waiting.

212. They were brought blindfolded to a military camp in Barangay Banabain, Lopez, Quezon. A case of rebellion was filed against them by the military. While in military custody, they were subjected to physical and psychological torture to force them to admit to the false allegation that they are members of the NPA.

The illegal arrest, arbitrary detention and torture of Angie Ipong 213. On 8 March 2005 at about 2:00 in the afternoon, Angie Ipong was forcibly abducted without a warrant of arrest by armed men wearing bonnets who introduced themselves as members of the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) at the Anastacia Mission Village in Barangay Lumbayao, Aloran, Misamis Occidental where she was supposed to have a consultation meeting with peace advocates regarding CARHRIHL. With only sleeping garments on, she was dragged into a silver white van and blindfolded despite her pleas.

214. Ipong was held incommunicado until 11 March 2005 inside a bunker at the 1st Infantry (Tabak) Division Camp of the Philippine Army in Pulacan, Labangan, Zamboanga del Sur. She was photographed against her will. As a sign of protest, Ipong went on a hunger strike.

215. On 12 March 2005, she was brought to the AFP-Southern Command Headquarters in Zamboanga City where she was interrogated under

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duress, tortured and sexually molested. There her abductors tied her hands to her back, punched her at the sides and hit her head. They

blindfolded her every time she was interrogated. They undressed and subjected her to acts of lasciviousness. They fondled and made her breasts and other private parts the object of fun. Ipong was placed in a room with the air-conditioning unit intentionally switched on full blast. It was under this condition that Ipong was forced to admit though untrue that she was a top ranking official of the CPP-NPA.

216. After the forced “admission,” Ipong was spared from further torture. Although obtained through force and under duress, this was made the basis for the rebellion and triple murder cases filed by the Judge Advocate General Office of the Armed Forces against her before the Regional Trial Court of Dipolog City.

217. On 14 March 2005, Gen. Braganza of the Southern Command presented her to the media allegedly as a captured NPA leader. At that time, she was so sick, nauseated and pained that her abductors had to wheel her in.

218. On 18 March 2005, she was brought to the Molave Municipal Hall then to Ramon Magsaysay Prison.

219. The following day, or on 19 March 2005, Ipong was taken to Pagadian City Jail where she is currently illegally detained.

220. From the time Ipong was abducted until 20 March 2005, her family, friends and legal counsel had searched for her in different military camps, including the 1st Infantry Tabak Division in Pulacan, Labangan, Zamboanga del Sur. But the military denied having arrested Ipong or

having her in their custody.

221. It was not until 21 March 2005 that Ipong was allowed to be visited by her lawyer, Atty. Andres Nacilla, and by KARAPATAN.

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MASSACRES

The Hacienda Luisita Massacre

222. On November 6, 2004, in Hacienda Luisita, a sprawling sugarcane estate in Tarlac City covering more than 6,400 hectares and owned by the Cojuangco-Aquino clan, the workers therein belonging to United Luisita Workers’ Union (ULWU) and the Central Azucarera de Tarlac Labor Union (CATLU) simultaneously declared a strike to compel the

management/owners to heed their legitimate economic demands, such as increase in wages and better terms and conditions of employment. ULWU also demanded the reinstatement of the illegally dismissed officers and members of the union. Their strike also exposed the fraudulent scheme adopted by the management to deprive the farm worker-beneficiaries of their right to land through the deceptive Stock Distribution Option (SDO) instead of distributing it to them pursuant to the avowed land-for-thelandless policy of the state as provided under the Comprehensive Agrarian Reform Law. By a combination of misrepresentation and intimidation, the management was able to impose the SDO scheme on the farm workers and peasants in the hacienda. It promised to them that the SDO would improve their lives. impoverished them. In reality, though, the scheme has further

223. Officers and members of ULWU believe that their filing of a petition in 2003 seeking the revocation/nullification of the SDO in Hacienda Luisita may have been the reason for the union busting and the illegal dismissal of the farm workers.

224. On November 6, 7 and 15, 2004, despite the peaceful strike of the workers, hundreds of police officers attempted to break up the picket line using tear gas, water cannon, truncheons and later firearms, which seriously injured many strikers.

225. Despite the threat of an impending bloody dispersal, the strikers stood their ground. On the other hand, though, President Macapagal-Arroyo and

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her government simply turned a cold shoulder to the plight of the striking workers. Her deafening silence was interpreted as acquiescence to the police violence in Hacienda Luisita. Worse, her alter ego at the

Department of Labor and Employment (DOLE), Secretary Patricia Sto. Tomas, issued an Assumption of Jurisdiction (AJ) Order on November 10, 2004. Although it was issued solely against CATLU, curiously, said AJ was forcibly served upon ULWU. More strangely, the Labor Secretary deputized not only the police but also the Armed Forces in the supposed full implementation of the AJ.

226. To avert further violence against the strikers, in the morning of November 16, 2004, the respective officers of ULWU and CATLU went to the Makati residence of former Congressman Peping Cojuangco, a coowner of Hacienda Luisita. Their purpose was to negotiate with the former congressman and his wife to spare the people from the looming violent and bloody dispersal of the strike as enunciated in the AJ. Insisting that the ULWU officers no longer had any personality to talk with them because they were deemed dismissed, Mr. Cojuangco and his wife denied the ULWU officers entry into their house.

227. No agreement was reached during the negotiation. Mr. Cojuangco stood firm on his stance to leave the matter to the decision of the DOLE. Thus, the union officers went back to the picket lines in Hacienda Luisita. At that time, hundreds of PNP elements and AFP soldiers in full battle gear were already deployed inside the sugar mill compound. Positioned along with them were two armored personnel carriers (APCs), two pay loaders and four fire trucks. Only the steel gate at Gate 1 of the sugar mill

separated the combined military and police forces from the strikers.

228. Immediately thereafter and without any negotiation between the strikers and the dispersal teams taking place first, the latter assaulted the strikers. The dispersal teams blasted the strikers with water from the fire trucks, which stung their skin. They also lobbed the strikers with tear gas.

Unsuccessful in their attempt to crush the picket line, the dispersal teams commandeered an APC that pounded upon the steel gate. When it had

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smashed open the gate, the people started throwing stones or anything they could put their hands on at the APC to thwart its attempt to disperse them. Having caused the APC to retreat, the people lifted their hands in jubilation, only to get shocked shortly thereafter by successive gunshots indiscriminately fired upon them. Every one scampered and ran for cover. In just a moment, seven strikers lay dead while a number of others sustained severe gunshot wounds. A little while later, more than a

hundred other strikers were illegally arrested and arbitrarily detained en masse by the military and the police, not sparing a woman who was seven months pregnant.

229. The violent massacre did not put an end to the gross violations of the rights of the striking workers. On the contrary, the Cojuangco-Aquino

family, in conspiracy with the military, the police, the paramilitary groups such as the Civilian Armed Forces Geographical Units (CAFGU), and other hired agents/gunmen, has continued to harass, threaten and violate the rights of the hacienda people.

230. On the night of December 8, 2004, Marcelino Beltran, himself a peasant and a key witness to the massacre, was brutally murdered in his home in a remote village in Tarlac.

231. On the night of January 5, 2005, hacienda workers George Loveland and Ernesto Ramos were fatally injured when still unidentified bodyguards of Rep. Benigno “Noynoy” Aquino, who were armed, attacked them at the picket point outside Las Haciendas gate.

232. On March 3, 2005, Abelardo Ladera, a duly elected councilor in Tarlac City, a member of Bayan Muna and a staunch supporter of the strike, was shot dead by a single bullet in the chest while he was buying some spare parts for his automobile.

233. On March 13, 2005, Fr. William Tadena of the Philippine Independent Church, who also strongly supported the plight of the strikers, was likewise gunned down after officiating mass in his parish in La Paz, Tarlac.

In Re Impeachment of Gloria Macapagal-Arroyo, President of the Philippines

235. In the nighttime of October 25, 2005, while resting after personally distributing the unpaid earned wages and benefits of the sugar mill workers, Ricardo Ramos, president of CATLU and village chairman of one of the barangays located inside the hacienda, was brutally gunned down near his house.

236. Villages in the hacienda have become heavily militarized.

Many

villagers have complained of being subjected to illegal arrest. Others have been unjustly suspected of being NPA members and are being forced to admit and sign rebel returnee’s papers.

237. At 2 a.m. of November 14, 2005, strikers manning the picket point in Brgy. Balete were mauled and seized by elements of the 48th Infantry Battalion under the command of Maj. Gen. Jovito Palparan who was then chief of the 7th Infantry Division. Eleven of the strikers were illegally and forcibly taken to a safe house where they were interrogated. Three of them were subsequently charged with illegal possession of firearms on the basis of planted evidence.

238. Rene Galang, president of ULWU, and his family have been principally targeted by the military and the police. Several elements of the military have virtually maintained a detachment in a house just across his residence. They would ask around about his whereabouts. In addition, on or about September 26, 2005, they broke into his house. His wife was slapped in the face by the military for having told the people about the break-in by these soldiers. Even his children experienced harassment and intimidation by the military while at school.

239. On March 17, 2006, around midnight, another officer of ULWU, Tirso Cruz, was murdered in cold blood by the military near his house inside the hacienda.

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240. Remarkably, all throughout the struggle of the workers and their families, Macapagal-Arroyo maintained almost complete silence and showed her utter lack of concern over the issues confronting the people. Only once did she issue a statement, at the prodding of the CBCP, hypocritically hoping for a peaceful resolution ot the conflict at Hacienda Luisita. To the Hacienda workers and farmers, the president’s cold response amounted to tacit approval of the continuing unlawful aggression committed by the military, police and paramilitary forces, in collusion with the hacienda owners, against the poor working people in the hacienda.

241. On January 13, 2005, ULWU and CATLU and the victims of the Hacienda Luisita massacre filed criminal cases for multiple murder and multiple frustrated murder, among others, against the owners of the hacienda, the numerous military and police officers who perpetrated and ordered the violent dispersal of the otherwise peaceful strike, and Sec. Patricia Sto. Tomas. To date, however, the Office of the Ombudsman, before which the cases were filed, has sat on their bounden duty to investigate and prosecute these cases.

242. The Philippine National Police, feigning an impartial and unbiased investigation into the incident, likewise came up with its report of its investigation which, expectedly, absolved the state forces, save for less than a handful low-ranking police officers.

243. The victims of the massacre and their relatives and supporters have already brought this case to the attention of the local Commission on Human Rights, the United Nations and other international fora. It has also been the subject of legislative inquiries in the two chambers of the Philippine Congress. After more than two years and despite efforts of the victims and their relatives and supporters to seek justice, the Office of the Ombudsman is yet to act upon their petition.

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Massacre of Farmers in Palo, Leyte

244. The San Agustin Farmer Beneficiaries Multi-purpose Cooperative (SFBMC) is composed of more or less 60 farmer-members in Brgy. San Agustin, Palo, Leyte.

245. Sometime in June 2004, the members of the cooperative - Rene Margallo, Renato Dizon, Fe Muriel, Bernabe Burra, Francisco Cobacha and Ariel Santiso sought help from the cooperative regarding the landgrabbing by Pedro Margallo of their respective lands.

246. The Department of Agrarian Reform (DAR) has already rendered a decision in favor of the 6 farmer-members but Pedro Margallo still insisted on taking possession of the land.

247. SFBMC member Bernabe Burra sought help from Bayan Muna-Metro Tacloban Chapter. When Bayan Muna positively responded, the members of the cooperative decided to schedule a “balik-uma” (return-to-the-land) on the land awarded to the farmers by the DAR and help the 6 farmers till their lands.

248. The members of SFBMC set the “balik-uma” on November 21, 2005. In the evening of November 20, 2005, the farmers who would be participating in the “balik-uma” were already in the “kamalig” or make-shift hut owned by the father of Rene Margallo to make preparations for the early morning planting activities. The “kamalig” was near the land to be tilled by the farmers.

249. At around 5 a.m. of November 21, 2005, more or less 50 farmers were gathered in the “kamalig.” It is the practice of farmers to invite neighboring villages at the opening of the planting season and this is usually met with a feast; thus, other farmers from Brgy. Teraza and Capirawan and farmermembers of the Alang-alang Small Farmers Association (ASFA) based in the nearby Alang-alang, Leyte joined the “balik-uma”.

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250. Some of the farmers were already awake cooking their food and having coffee when, without any warning, they were peppered with gunfire by men wearing ski masks that almost covered their faces. The farmers shouted out they were unarmed civilians but these were ignored and instead, the armed men continued to fire their guns. Five hand grenades were also thrown at them.

251. As a result, eight farmers died including Alma Bartoline who was seven months pregnant. More than ten were injured.

252. When the firing stopped, the armed men who were in full-battle gear approached the “kamalig.” They were members of the 19th Infantry

Battalion of the Philippine Army. They ordered the farmers to lie facedown and stepped on the farmers’ back, forcing them to admit they were members of the NPA.

253. The soldiers insisted that the farmers are members and sympathizers of the NPA, and were concealing some firearms. When the farmers denied the allegations and explained that they are plain and simple farmers and were unarmed, a soldier came with a sackful of firearms and “subversive” documents and insisted that these belonged to the farmers.

254. The farmers pleaded for immediate medical attention but the soldiers refused. 255. Col. Louie Dagoy admitted that members of the 19th IB of the Philippine Army carried out the attack but claimed that this was a legitimate military operation.

256. What the soldiers perpetrated was a cold-blooded massacre of innocent farmers not an encounter between the military and the NPA as falsely claimed by the military authorities in their official statements. It was clearly pre-meditated, as evidenced by the fact that the soldiers had prepared a sackful of old firearms and “subversive documents” to be planted at the scene of the crime.

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257. To justify their actions and cover up their heinous crime, the 19th IB PA filed charges of illegal possession of low-powered firearms against nine farmers who survived the massacre, arrested and detained them. Another case of illegal possession of high-powered firearms was filed at the Regional Trial Court (RTC) in Tacloban City. Unable to post bail, the

farmers remain detained at the Kauswagan Provincial Jail.

258. While under detention, they continue to receive death threats. One of them, Joselito Tobe, a member of Concerned Citizens for Justice and Peace and Bayan Muna Party-list died while in detention. The Kauswagan Provincial Jail authorities alleged that he suffered a stroke. But the

relatives and friends of Joselito Tobe are not convinced considering that two (2) weeks prior to his death, Tobe informed his relatives and friends that he and his co-detainee Arnel Dizon had received death threats.

259. Due to the financial support generated by various human rights groups, two of the farmers who have been receiving death threats while in detention were released on bail.

260. On October 3, 2006, the Regional Trial Court of Tacloban, Leyte dismissed the case of illegal possession of high-powered firearms. They are still awaiting the decision of the Municipal Trial Court in the other case.

261. Counter-charges are being prepared by the farmers against the members of the 19th IB, Philippine Army.

Attacks on church people

262. Church people have also been the targets of attacks either by troops in uniform, military agents or their death squads. To date, 23 church

workers, 10 of whom were pastors and priests have become victims of extrajudicial killings.

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263. Rev. Jeremias Tinambacan was a resident pastor of the United Church of Christ in the Philippines (UCCP) in Calaran, Calamba, Misamis Occidental. He was an active member of the Kapatirang Simbahan para sa Bayan (KASIMBAYAN), the Promotion of Church People’s ResponseWestern Mindanao and the Gloria Step-Down Movement (GSM)-Misamis Occidental. He was also the Provincial Chairperson of Bayan Muna – Misamis Occidental chapter, and the Center for Relief and Development (CENRED), and the executive Director of the Mission for Indigenous and Self Reliance People’s Assistance Incorporated (MISPA, Inc.)

264. On May 9, 2006, at around 5:30 p.m., Rev. Jemias and his wife Rev. Marilou Tinambacan were on their way to visit some relatives in Oroquieta City, Misamis Occidental on board their Besta van. When they reached Barangay Mabod in Oroquieta City, four armed men on board two DT Yamaha-Type motorcycles suddenly appeared on their side and began shooting at them.

265. Upon seeing that they were being shot at, Rev. Marilou immediately hid beneath the dashboard. Rev. Jemias lost control of the car after being hit and crushed onto a gemelina tree. The suspects continued firing at the vehicle. Rev. Marilou saw one of the suspects, Mamy Guimlan, who is a known military intelligence agent, who cried out “Buhi pa ang bay!” (The woman is still alive!) But he failed to see her because she was able to hide.

266. Rev. Jemias was hit thrice in the head, while Rev. Marilou sustained a wound on her head that was narrowly missed by a bullet and some bruises on her shoulder as a result of the car crash.

267. The victims were immediately rushed to the Misamis Occidental Provincial Hospital in Oroqiueta City, but Rev. Jemias was declared dead on arrival. Rev. Marilou was treated for her wounds.

268. Rev. Edison Lapuz was the Chairperson of Katungod-Karapatan in Eastern Visayas, founding member of PCPR, convenor of Justice for Atty.

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Dacut Alliance, conference minister of North Eastern Leyte Conference (NELCON)-UCCP and coordinator of Eastern Visayas, Visayas jurisdiction, UCCP. He was also the BAYAN MUNA coordinator for Leyte and Samar. On March 12, 2005, around 6:30 p.m. Rev. Lapuz was shot by two unidentified assassins aboard a motorcycle, hitting him on the left temple and stomach. He died on the spot. His companion, Alfredo Malinao, a peasant leader and barangay captain was also wounded on the chest, near his heart. The killing took place in San Isidro, Leyte. Sometime in May 2005, military men went four (4) times to the house of Rev. Lapuz’ father. They asked him about the whereabouts of his son. The military men also asked for a copy of the latest picture of Rev. Lapuz. One of the military men was identified as a certain Lt. Mangohon. On May 13, 2005, Lt. Mangohon, along with four military men visited the wake of Rev. Lapuz, a few hours after he was gunned down.

269. Rev. Father William Tadena was assigned to the parish of the Iglesia Filipina Independiente (IFI) in La Paz, Tarlac and had served well his parishioners. He was appointed as the Chairman of the Human Rights and Social Concerns Committee of the Diocese of Tarlac. He was a

member of the local chapter of the local chapter of the Promotion of Church People’s Response (PCPR) and Alliance for the Advancement of Human Rights (KARAPATAN). He was a genuine advocate for the

legitimate rights of the workers and a supporter of the struggle of the Hacienda Luisita workers.

270. On March 13, 2005, at about 7:00 a.m., Fr. Tadena celebrated Mass at the mission chapel of the Iglesia Filipina Independiente, Barangay Guevarra, La Paz Tarlac. After the mass, around 8:00 in the morning, he proceeded to the La Paz town proper for the next mass, together with his sacristan Charlie Gabriel, parish secretary Miss Ervina Domingo and his guitarist Carlos Barsolazo on board his owner type jeep. As they drove along the provincial highway towards La Paz they slowed down in front of the Guevarra Elementary School (approximately 50 meters away from IFI chapel) because of a hump on the road. An unidentified person at the waiting shed called his name saying “father”, at the same time waving for

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him to stop. He was joined by another unidentified person. Both were wearing helmets. As the two persons approached the jeep, Father Tadena sensed some danger and told Ervina Domingo who was sitting at the front seat “Ambush na ito.” (This is an ambush!) At that moment, the two men immediately shot Father Tadena three times as well as Carlos and Charlie who were sitting at the back seat. One of the perpetrators positioned

himself beside the jeep and parried Ervina while firing two more shots hitting Father Tadena on his nape and head.

271. Thereafter, the perpetrators hurriedly boarded their motorcycle and drove towards the town of Victoria, Tarlac. Several IFI parishioners rushed to the scene of the incident and after seeing Father Tadena and his companions seriously wounded helped them and rushed them to the La Paz Medical Center for first aid. Then they were brought to the Central Luzon Doctors’ Hospital in Tarlac City. Medical attention was given but to no avail. Father Tadena died of the gunshots wounds. Church guitarist Carlos Barsolazo was in critical condition after he underwent surgical operations. Charlie Gabriel sustained two gunshot wounds in the legs and was pronounced out of danger. Ervina Domingo sustained bruises on her wrist and leg, suffered extreme anxiety and was in a state of shock.

Attacks on journalists/media people

272. Since President Macapagal-Arroyo assumed the presidency in 2001 to date, there have been 48 work-related killing of journalists. Remarkably 12 of them were killed in 2006 alone. Other journalists face threats and

harassments in an attempt of those in power to silence them.

273. Last year, multiple libel cases were filed by First Gentleman Miguel Arroyo against 43 reporters, columnists, editors, publishers and

subscription manager of different publications. There was even an attempt by the police to arrest and detain one of these journalists charged with libel during a press briefing right at Malacanang palace where the presidential family resides and the President holds office. The First Gentleman has also filed libel suits against the Tulfo brothers.

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274. Spouses George and Maricel Vigo, both journalists in Kidapawan City, were on their way home on a motorcycle in the afternoon of June 19, 2006 after a visit to and meeting with Fr. Peter Geremia, an Italian-American missionary who has worked in Mindanao since 1977, when they were shot to death by a gunman on a motorcycle with companions.

275. At the time he was killed, George Vigo, 33, was a correspondent at the Union of Catholic Asian News (UCAN)-Philippines. Maricel, on the other hand, was a program host at the church-run dxND radio station in Kidapawan, North Cotabato. Both were peace advocates and wrote about the church and communities’ peace initiatives in their region and conducted campus journalism training in Kidapawan City where they shared the idea of public and peace journalism.

276. George regularly wrote about the rights of the ‘Lumads’ (or the ‘indigenous peoples’) particularly against the intrusion of banana plantations around Mt. Apo which is considered sacred by the Lumads.

277. After their murder, the police pointed to a certain Dionisio Madanggit, allegedly an NPA hitman, as the perpetrator; but the NPA strongly denied the police theory. The following day, the police summoned Maricel’s

mother to the police station and asked her to sign some documents. She was told that the papers were meant to establish that she was Maricel’s mother and that George was her son-in-law. Alave, who has failing vision, said she signed the documents even though she could not read what was written on them.

278. It was only later when her son, Gregorio, discovered that the documents his mother had signed included a paragraph that identified the killer as a certain Dionisio Madanguit. Mrs. Alave said she retracted the statement because she never knew that man.

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Attacks on lawyers

279. The country is not only a dangerous place for journalists and activists but for members of the legal profession as well. In 2006 alone, a total of seven lawyers have been killed while nine lawyers, one judge and one law student were killed in 2005. Most of those killed were human rights

lawyers and were killed by reason of the exercise of the profession or advocacy. Also reported were a number of cases of threats and harassments against lawyers involved in land and labor disputes and human rights cases.

280. Juvy Magsino, 34 years old, a woman human rights lawyer and the Vice Mayor of Naujan, Mindoro Oriental at the time of her death. She was also the Chairperson of Mindoro for Justice and Peace and a candidate Mayor for the 2004 elections. Ms. Leima Fortu, 27 years old, was a On the night of

teacher and Acting Sec. Gen. of Mindoro Oriental.

February 13, 2004, Atty. Magsino and Ms. Fortu were on board a Toyota Revo on their way home to Naujan coming from Calapan City. At around 11 pm, as they were leaving their friend’s house, a man fired at them. As they sped off, two men on a motorcycle chased them and repeatedly fired shots at them. Later, their lifeless bodies were found inside Atty.

Magsino’s Toyota Revo that was ditched in a rice field at Bgy. Amuguis, Naujan, Mindoro Oriental. The shooting happened only 500 meters from the 204th Brigade Headquarters.

281. Felidito Dacut, 51 years old, married, was the Regional Coordinator and Legal Counsel of BAYAN MUNA Partylist in Eastern Visayas. He was also a member of the Board of Directors of the Integrated Bar of the Philippines (IBP). On March 14, 2005 at around 6:45 p.m., Atty. Dacut was shot at his back by two unidentified men aboard a TMX single motorcycle at Real St., Tacloban City while he was on board a multi-cab vehicle on his way home from a meeting. The assailants used a short pistol with ‘silencer’ wearing white round T-shirts and maong pants. Atty. Dacut was among those who initiated a ‘solidarity mission’ to investigate human rights violations in Catarman, Northern Samar; He was handling human rights and labor

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cases.

282. Gil Gojol was a human rights and labor lawyer since the 1990s. He was lawyer to farmers in Bicol and those political persecuted and charged by the military with acts of rebellion. On December 12, 2006, Atty. Gohol was killed with his driver Danilo France in Gubat, Sorsogon about 200 meters from a detachment of the 22nd Infantry Battalion of the Philippine Army. Gohol had just come from a court hearing and was on his way to Sorsogon City when four motocrcycle-riding men shot at his van. France was the first to be hit causing the vehicle to stop. Gohol tried to flee from his assailants but bullets hit him at the back and his buttocks, causing him to fall on his face. The assailants then went near him and shot him in the head causing his instant death.

Attacks on Party List Organizations

283. Bayan Muna is a national political party duly accredited by the Philippine Commission on Elections to participate in the Party List elections. Composed mainly of workers, farmers, professionals and other progressive sectors, Bayan Muna champions the cause of “New Politics, the “politics of change” in the Philippines. Campaigning for social reforms and firmly opposing foreign domination, feudal bondage and bureucratic corruption, Bayan Muna won three seats in the House of Representatives in the 2001 elections, under the party list system.

284. The party list system is a mechanism designed to allow the “marginalized sectors” representation in Congress. A Party List

organization can win seats in the House of Representatives if it garners at least 2.5 percent of all votes cast for the Party List.

285. Bayan Muna was joined in 2004 by Anakpawis, a Partylist party representing the interests of the toiling masses; Gabriela Women’s Party List party, representing the interests of the women sector; Suara Party representing the interests of the Bangsa Moro; Migrante Party List party,

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representing the migrant workers; and Anakbayan, representing the interests of the youth. In the 2004 elections, Bayan Muna won three seats, Anakpawis two seats, and Gabriela Women’s Party List party, one seat in the House of Representatives.

286. Together, they became known for championing the rights and welfare of the marginalized sectors of the country, i.e., workers, peasants, women, youth, fisherfolk, indigenous peoples, urban poor and other down-trodden by actively pushing urgent people’s concerns in the halls of the Philippine Congress. They also participate in the parliament of the streets, directly engaging in and supporting mass protest actions on a variety of issues.

287. Since Bayan Muna emerged victorious in the 2001 elections, its leaders and members have been the target of brazen attacks by government officials, notably by National Security Adviser Norberto Gonzales. Anakpawis, Gabriela WPL, and Suara have similarly been targets of killings, harassments and other human rights violations since 2004. The Arroyo regime has repeatedly branded these party list parties as “front” organizations of the Communist Party of the Philippines and as target for “neutralization” (in military parlance, physical elimination of the subjects).

288. Since 2001, one hundred and twenty-eight (128) members and leaders of Bayan Muna have been summarily killed. Since 2004, thirty-two (32) Anakpawis, two (2) Suara, and one (1) Gabriela party list members and leaders were killed. A still undetermined but considerable number have survived assassination attempts, while fourteen (14) party list members and leaders have forcibly disappeared.

289. On March 9, 2005 at around 4:30 p.m., Romy Sanchez, the Ilocos Regional Coordinator of Bayan Muna was in Baguio City with his companions to buy 2nd hand clothing materials when he was shot by

unidentified men. His companions saw him already lying on the pavement with blood oozing from his wound. Sanchez died on the spot. Before his killing, he had been receiving death threats and was being implicated by the military in the murder of Fr. Conrado Balweg.

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290. Florante Collantes was the Secretary General of Bayan Muna in Tarlac City. He was also a labor organizer at the Bataan Export Processing

Zone. On October 15, 2005 at around 11 am, unidentified men shot him in front of his home in Barangay Tuec, Camiling, Tarlac. According to

witnesses, Collantes was attending to household chores when motorcycle riding men stopped in front of their house. Thinking that the men would buy cigarettes from their store, Collantes attended to them. But suddenly, one of the two men got off the motorcycle and shot Collantes killing him instantly. The victim’s wife later described the assassin as a burly man wearing dark jacket. According to her, three days before the incident, same man on board his motorcycle had cigarettes. surveillance. stopped by the store and bought

Prior to the incident, Colantes had been subjected to

291. Ricardo Uy, a 57 year old businessman was the Chairperson of Bayan Muna in Sorsogon City Chapter. He was also a member of Sorsogon Independent Media Reporters Incorporated (SIMRI).

292. On November 18, 2005, while Uy was inside his rice mill, his helper heard five gunshots. The helper rushed to the rice mill and saw another man inside, described as tall with long hair wearing sunglasses and a hat. The helper saw that Uy sustained gunshot wounds. He also saw the

gunman level a gun at him and tried to shoot him but the gun had no bullet anymore. The gunman casually walked and went back to his motorcycle parked near the rice mill.

293. Uy was an active human rights worker and had been a constant subject of verbal attacks by the military in their radio programs for being allegedly a supporter of a communist legal front organization.

294. Alden Boy Ambida is the regional coordinator of Bayan Muna-Eastern Samar and Vice-president of the Borongan Trycicle Drivers and Operators (BTDOA). On April 9, 2005, at around 11 a.m., Ambida was driving his tricycle with passengers when he noticed two men with XLR motorcycle following him.

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295. When his passengers were getting off the tricycle, he again noticed from his motorcycle’s mirror the two men approaching him. He then positioned his tricycle towards the direction of the approaching motorcycle; he saw the man on the motorcycle draw his gun with a silencer, aimed the gun at him and fired shots at him. He managed to jump out of the driver’s seat. He sustained one gunshot wound on the chest and another on his side. Fortunately he survived the attack. Prior to the incident, Ambida was warned by a family friend to be careful because military elements are after him.

296. In most military operations in both urban and rural areas, Bayan Muna has been subjected to vilification campaign. Residents of the community identified as supporters of Bayan Muna have been harassed and forcibly asked by elements of the military to ‘clear’ their names or ‘surrender’.

297. Bayan Muna regional offices have been raided, fired at or burned down. In Eastern Visayas, Bayan Muna office in the province of Northern Samar was lobbed with homemade Molotov using military newsletter as wick. In Eastern Samar, the provincial office was burned down. In Central Luzon, the provincial office of Tarlac was also burned down. These incidents happened in 2005.

Attacks on Civil Liberties

298. Since the 2004 elections, valid issues on Mrs. Arroyo’s legitimacy as the duly elected President have been raised by a broad spectrum of political forces in Philippine society. These political forces include various multisectoral and sectoral organizations, the progressive party-list organizations and their representatives, opposition parties and leaders, churches and religious leaders, students, professionals, academicians and artists, business groups and retired military officers.

299. Furthermore, the Macapagal-Arroyo administration has continued to face serious threats of mutiny from restive military and police officers and men questioning the involvement of some of their seniors in election fraud

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in 2004 and rampant corruption in the military-police establishment. Most significantly, President Macapagal-Arroyo’s tenuous leadership is being challenged by the 85 million Filipino people themselves, majority of whom according to poll surveys, want her to resign while a substantial number want her ousted from office.

300. Facing the prospect of a mounting call for here ouster after her hasty and dubious proclamation as President-elect, Macapagal-Arroyo clamped down on legitimate protest actions that threatened to snowball and reinvigorate the movement calling for her to step down from office. She

launched a desperate political offensive through a series of repressive measures aimed at stifling dissent, suppressing all forms of legitimate protest activities and curtailing basic freedoms of speech and assembly.

301. President Macapagal-Arroyo resorted to repressive measures such as violent dispersal of protest rallies pursuant to the “calibrated pre-emptive response,” “no permit, no rally policy,” Executive Order 464, Presidential Proclamation 1017 and General Order No. 5, and a massive crackdown on her critics and political opponents, including media, the political opposition, civil society groups and particularly the progressive party list members of the House of Representatives and other progressive personalities.

Violent dispersal of peaceful assemblies and mass protest actions

302. On 13 July 2004, members of Bagong Alyansang Makabayan (BAYAN or New Patriotic Alliance) and Migrante International, an organization of overseas Filipino workers, held a rally at Plaza Miranda, Manila to demand the withdrawal of Filipino troops in Iraq to ensure the release of Mr. Angelo de la Cruz, a Filipino worker held captive by an Iraqi resistance group.

303. While the program was ongoing, the police used force to prevent a jeepney carrying demonstrators and a sound system from entering the plaza. In the process, the police elbowed BAYAN staffer Alberto Villamor in the face, hit him with a truncheon, handcuffed and hauled him off to the Western Police District substation near Plaza Miranda.

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304. Shortly after, the police commanding officer P/Supt. Sapitula arbitrarily revoked the agreement between the police and the demonstrators that the rally could proceed until 7 pm, and ordered the protesters to disperse in fifteen minutes. The protesters promptly moved out of Plaza Miranda and regrouped on Quezon Avenue so that they could march to Liwasang Bonifacio. The police blocked them and, with absolutely no provocation, trained their powerful water hoses at the rallyists and charged at them, wildly swinging their truncheons and using their shields to shove the rallyists back.

305. Carol Araullo, Chairperson of BAYAN suffered a two-inch wound on the head and was bloodied when she was treacherously struck from behind by one SPO1 Levy Cardiño with his truncheon. Other policemen, many of them in plainclothes, conducted arrests with excessive force. They seized Renato Reyes, General Secretary of BAYAN; Glyziel Gotiangco, General Secretary of the National Union of the Students in the Philippines; and Edgar Faldas. Faldas, was whacked and bashed with truncheons, punched and slapped by the police while he was being dragged the police car.

306. Gotianco and Villamor were brought to Police Station 3 in Sta. Cruz, Manila where they were joined by Reyes and Faldas. They were all taken to the Jose Medical Reyes but the diagnoses did not reflect their injuries. At no time during their arrest and detention were they ever informed of their rights under custodial investigation.

307. P/Supt. Sapitula ordered the filing of charges of Direct Assault, Violation of BP 880, Violation of Section 1119 of the Revised Ordinance (RO) of the City of Manila and Resisting Arrest against Araullo, Faldas, Reyes, Villamor and Gotianco. In a Resolution dated 18 August 2004, the

Assistant City Prosecutor for Manila, Ms. Lolita Rodas, dismissed the cases filed against them on the ground that the allegations of the police constitute no probable cause.

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Calibrated Pre-emptive Response

308. On September 21, 2005, in the wake of the defeat of impeachment moves and a looming upsurge of mass demonstrations calling for Mrs. Arroyo’s resignation or removal from office, the Arroyo administration through Executive Secretary Eduardo Ermita declared the enforcement of the “calibrated preemptive response” rule in lieu of maximum tolerance. The Philippine National Police (PNP) was then also instructed to strictly implement the “no permit, no rally” policy provided for by Batas Pambansa Blg. 880. Following this declaration, violent dispersals of even the most benign protest actions became the order of the day. The vicinity around

the presidential palace was declared a “no rally zone” to include historic Mendiola Bridge, the traditional venue for airing grievances against the government.

309. The calibrated pre-emptive response rule was immediately challenged and defied by various groups and on October 4, 2005, the “Walk for Democracy” in defense of civil liberties and in defiance of the CPR was held under the auspices of the Movement of Concerned Citizens for Civil Liberties (MCCCL). The police violently dispersed the peaceful assembly and arrested and charged some of the participants.

310. On October 6, 2005, the multisectoral alliance BAYAN and the Gloria Step Down Movement, an informal alliance of different organizations calling for the resignation of President Gloria Macapagal Arroyo led a protest rally in the City of Manila to denounce the rising number of extrajudicial killings and to reiterate their demand for Mrs. Arroyo to step down following the electoral fraud scandal and other corruption cases.

311. More or less one hundred elements of Western Police District (WPD) Philippine National Police in full battle gear led by C/Supt. Pedro Bulaong arrived. Majority of the policemen were not wearing nameplates. As the group started to line up for the march, the leaders presented the Endorsement from the office of the Mayor to the ground commander Supt. Bernard Diaz.

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312. Without any warning, one WPD official commanded his men to disperse the protest action. The demonstrators were then violently pushed back with the use of metal shields and were thus forcibly dispersed. Several protesters were hurt and illegally arrested. Criminal charges were filed against the policemen with the Office of the Ombudsman but the office is yet to act on their complaint.

313. On October 14, 2005, a religious procession led by three Catholic bishops and former Vice-President Teofisto Guingona, Jr. was dispersed using water cannons as they approached Mendiola.

314. Even the freedom of belief and religion was trampled upon when the Presidential Security Guard (PSG) refused entry to four priests and a handful of church-goers attending a “Mass for the Victims of Hacienda Luisita Massacre and Political Killings” at the San Miguel Church near Malacanang Palace on November 15, 2005.

315. In a decision promulgated on April 25, 2006, the Supreme Court declared as unconstitutional the calibrated preemptive response (CPR) policy of the Arroyo Administration. Executive Order 464

316. In order to prevent the Senate and the House of Representatives from unearthing the truth about anomalous government contracts, the fertilizer fund scam, the Hello Garci tapes (a tape of a tapped conversation evidently between Macapagal-Arroyo and a member of the Commission on Elections, where the former sought and got assurance from the latter that she can be made to appear the winner in Mindanao by a million votes) , electoral fraud and other scandals involving the presidency, Mrs Arroyo issued Executive Order 464 on September 26, 2005, requiring all heads of departments of the executive branch, all senior officials of the executive departments, all generals, flag officers and “such other officers in the judgment of the Chief of Staff” of the Armed Forces of the Philippines, officers of the Philippine National Police with the rank of chief

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superintendent or higher and “such other officers in the judgment of the Chief of the PNP,” senior national security officials “in the judgment of the National Security Adviser,” and “such other officers as may be determined by the President” to secure the President’s prior consent before appearing before the Senate or the House of Representatives.

317. The Executive Order is practically a gag order on government employees or officials and a violation of the people’s right to information. It renders inutile the oversight functions of Congress and destroys the system of checks and balances between the legislative and executive branches of government. Proclamation No. 1017

318. On February 24, 2006, Gloria Macapagal-Arroyo declared a state of national emergency pursuant to Proclamation No. 1017. She cited a

“tactical alliance” and “concerted and systematic conspiracy” between elements in the political opposition, “authoritarians of the extreme left, represented by the NDF-CPP-NPA, and the extreme right, represented by military adventurists.” After making the finding of the alleged conspiracy and the additional finding that their “consequences, ramifications and collateral effects constitute a clear and present danger to the safety and integrity of the Philippine State and of the Filipino people”, Mrs. Arroyo as President and Commander-in-Chief of the Armed Forces of the Philippines (AFP) ordered the AFP “to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction…”

319. On the same date, Mrs. Arroyo also issued General Order No. 5 reiterating the provisions of Proclamation No. 1017 but adding the phrase “terrorism” and directing the Philippine National Police, in addition to the AFP, “to immediately carry out the necessary and appropriate actions to suppress and prevent acts of terrorism and lawless violence.”

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320. On February 25, 2006, Anakpawis Representative Crispin Beltran was arrested in Del Monte City, Bulacan by an armed team of PNP-Criminal and Investigation Group (CIDG) operatives led by a certain Police Chief Inspector Rino Corpuz. The arrest was made without a warrant of arrest in violation of his constitutional rights, and while the Congress was in regular session in contravention of his parliamentary immunity. He was later

charged with inciting to sedition and rebellion and was held under custody of the PNP for more than a year.

321. Similarly, Bayan Muna Party-List Representative Joel Virador was illegally arrested while at the PAL Ticketing Office along Roxas St. in Davao City on February 27, 2006. Aware that they would be subjected to a similar illegal arrest and arbitrary detention as their colleague Crispin Beltran, Bayan Muna Party-list Representatives Saturnino Ocampo and Teodoro Casiño, Gabriela Party-list Representative Liza Maza and Anakpawis Representative Rafael Mariano sought the protective custody of the House of Representatives in the evening of February 27, 2006. They were later joined by Rep. Joel Virador, who was allowed to leave police custody to join his colleagues. Such protective custody was granted by the House of Representatives. They remained in the custody of the House until they were able to leave the Batasan Complex on May 8, 2006 without being arrested. Rebellion charges were filed against the

progressive party-list representatives, which were ordered dismissed by the Supreme Court in 01 June 2007 for lack of probable cause. The

Supreme Court also sternly reminded the prosecutors to never allow their office to be prostituted for political purposes.

Attacks on Communities

322. As an integral and major component of its “counter-insurgency”, “counter-secessionist”, and now “counterterrorist” strategy, the AFP and PNP have invariably conducted massive military operations in the countryside, in “critical areas” identified as “rebel-infested or influenced”, or areas controlled by the NPA, Bangsa Moro (MILF and MNLF), and the Abu Sayyaf Group.

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323. Based on vintage-Vietnam US military doctrine, these counter-guerrilla strategies hew to the basic Clear-Hold-Consolidate-Develop formula, all of which consider and treat the majority of the civilian population as suspected sympathizers, if not actual members of the armed guerrilla groups. In other words, the people are the enemy. Thus, AFP and police counterguerrilla doctrine include such “food and population control” measures as census-taking, curfew, rationing, hamletting, “no-man’s-land” zones, etc.; as well as civil-military operations such as holding mass meetings, forming “volunteer civilian organizations”, and forcible

recruitment into the civilian paramilitary forces.

324. Not explicitly stated in the field manuals but clearly understood and widely practiced by the military is the “psychological warfare” component aimed at “winning the hearts and minds” of the people. The military

mindset and practice has always been to strike terror in the minds and fear in the hearts of the people. As a US general infamously declared during the Vietnam war, “grab them by the balls and their hearts and minds will follow”. Thus, during the dark martial law years when the military reigned supreme over civilian authority, and even after, state forces have been wont to resort to all sorts of coercive measures and human rights

violations, including assassination of mass leaders, abduction, torture and massacres in order to intimidate and control the civilan population. The selective assassinations are also aimed at “dismantling the rebel political infrastructure”.

325. The big difference now is that under the current “internal security operations” plan codenamed “Oplan Bantay Laya” these military

operations have deliberately and consciously been brought out from the remote and interior barrios (villages) to the town centers and even the metropolis. The targets are no longer limited to the underground guerrilla organizations and their rural mass base but to the legal and open democratic organizations alleged to be ”front organizations”. While the known leaders and members of progressive organizations tagged as “front organizations” are marked for “neutralization”, entire communities much closer now to the town centers than before are subjected to counter-

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guerrilla military operations. Despite the absence of any formal martial rule declaration, the civilian authority in these areas is intimidated and supplanted by the military. The rule of law breaks down entirely. The

military commits grave human rights violations with impunity.

326. Recently, the AFP has moved into communities in Metropolitan Manila where the progressive movement apparently has a considerable electoral and mass base and began to undertake these coercive and repressive population control operations.

The case of Barangay Conversion, Pantabangan, Nueva Ecija 327. Around midnight of October 8, 2006, about 50 soldiers from the 48th Infantry battalion of the Philippine Army (PA), led by Lt. Noel Roysal and a certain Lt. Garcia, arrived in Barangay Conversion, Pantabangan, Nueva Ecija. Upon arrival, they immediately occupied the barangay hall and

converted it into a military detachment.

328. The following day, the soldiers ordered at gunpoint some residents to come with them to the barangay hall for questioning. Among those who were forcibly brought to the barangay hall were spouses Librado and Martina Gallardo, Macera “Neneng” Villajuan, Arthuro Tarlino, Boy Pascua, Delfin and Victor Castañeda, Dante Castro and Boy Ramos.

329. Siblings Librado Gallardo and Macera “Neneng” Villajuan were fetched by soldiers from their respective houses for questioning at the barangay hall.

330. Librado and Neneng were brought to two separate rooms at the second floor of the barangay hall. Neneng was blindfolded while being

interrogated. She was asked if she was a supporter of the New People’s Army (NPA) and if she was giving food to the NPA. She denied being a supporter of the NPA. The soldiers then threatened to harm her family if she refused to admit giving support to the NPA.

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331. On the other hand, Librado was beaten and hit with a rifle butt by the soldiers when he denied being a member and supporter of the NPA. He was being forced to surrender an M-16 rifle he allegedly owned. When he denied having any gun or rifle, he was again beaten while his face was covered with a plastic bag.

332. The interrogation and beating stopped only when both Librado and Neneng were instructed to attend a barangay meeting at around 2 pm. The meeting was called by barangay captain Wilfredo Riparep upon the order of the military. It was held at the plaza or public square of the barangay. In the meeting, the military accused the residents of supporting the New People’s Army (NPA) and Bayan Muna, which they charged was a “front organization” of the NPA. The soldiers warned the residents to stop

supporting the NPA. They also presented a list of alleged or suspected NPA members or supporters, and ordered those whose names were in the list to report to the barangay hall, clear their names and surrender their firearms.

333. Pastor Eduardo Navalta Jr. of the Methodist church in the area was one of those tagged by the military as an NPA supporter. The meeting was finished around 6-7 pm but Librado was instructed to stay behind. He was allowed to go home only at around 8pm.

334. The next day, October 10, Librado was again forcibly taken from his house by soldiers together with his wife, Martina and sister Neneng Villajuan. The interrogation continued, forcing them to admit to the false allegation that they were giving support to the NPA. During the He was

interrogation, Librado was again beaten up by the soldiers.

allowed to go home before lunch but was again fetched in the afternoon and subjected to further beatings and interrogation which lasted until 9 pm. Before leaving, the military threatened to kill him and his family the next day if he would not surrender the armalite rifle he was accused of hiding, the amount of P 40,000 and some documents.

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335. For fear that their whole family would be killed and because they could no longer bear the mental and physical torture being inflicted on them by the soldiers from the 48th IB, Librado and Martina committed suicide on October 11, 2006. Their son Leo had been killed in 2001 by soldiers from the same unit. They left behind nine children.

The case of Basilan Province ( June – September 2001)

336. On July 2001, following the failure of the Armed Forces of the Philippines to solve the kidnapping incident in Lamitan Island by the Abu Sayaff Group on June 2001, the Arroyo government declared Basilan in a state of lawlessness. Through a memorandum from the Department of Justice, the Armed Forces of the Philippines (AFP) was ordered to arrest even without warrant all persons suspected of being Abu Sayyaf members and sympathizers. 337. Following this declaration there was heavy military deployment of up to 11 battalions under the command of the 103rd Infantry Brigade. The AFP formed Task Force Comet to pursue the Abu Sayaff. Task Force Comet consisted of Task Group Thunder headed by Col. Hermogenes Esperon based in Isabela, Task Group Lightning headed by Col. Pedro Ramboanga based in Tipo-Tio; and Task Group Tornado headed by Marine Col. Renato Miranda based in Maluso. 338. On 12 July 2001, elements of the 103rd Army Brigade had already been dispatched to different areas in Barangays Tabuk and Sunset, Isabela, Basilan, Province. When night fell, the troops positioned themselves in the pre-identified areas where suspected members and sympathizers of the ASG dwell. They cordoned the houses where their targets can be found.

339. Checkpoints peppered the one and only road that connects the six towns and one city of the province. From Isabela City to Sumisip town, a few kilometers apart, 16 checkpoints manned by military and paramilitary groups were set up.

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340. By dawn of the following day i.e., 13 July 2001, while the local residents of the villages were still asleep, soldiers wearing masks to conceal their faces, conducted a saturation drive and barged into the houses of the residents and forced them to come out so the military could conduct searches on their houses. The males were herded in one place while informants with their faces masked, pointed out alleged ASG members and sympathizers, who were immediately arrested, hogtied and blindfolded, and their houses subjected to search. Despite demands by the residents for search and arrest warrants, the soldiers did not show them any warrant. 341. Twenty-eight Isabela residents were arrested and brought to the 103rd Brigade Headquarters in Barangay Tabiawan, which is about four (4) kilometers away from Barangay Tabuk.

342. Inside the military camp, those arrested were subjected to tactical interrogation. Some were physically and mentally tortured to force them to admit complicity with the Abu Sayaf Group. They were mauled, slapped and beaten. Afterwards, they were made to sign a document saying that they were treated well and were not harmed.

343. Cases of kidnapping and Serious Illegal Detention were filed against the twenty-eight civilian residents.

344. On 22 August 2001 AFP launched an operation where several villages were bombarded in Sumisip town, causing the evacuation and displacement of entire communities.

345. By 23 September 2001, Philippine government’s Department of Social Welfare and Development placed the number of Basilan residents affected by the military operations to 78, 736 individuals or 13, 421 families.

346. Brazen and extensive looting occurred in the abandoned houses of the residents. The displacement and the destruction and looting of their houses had caused the residents loss of their livelihood and untold suffering.

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347. Forced evacuations had also resulted in the disruption of classes because schools were either occupied by the soldiers or used as evacuation centers, or the school buildings had been damaged by mortar shelling or aerial bombing during military operations. More or less 100 civilian residents were also illegally arrested.

348. Military operations had resulted also in extrajudicial killings. From June to August 2001, ten victims of extrajudicial killings were documented; all characterized by brutality as revealed by the perpetrators’ mutilation of the remains, signs of heavy torture inflicted on the victims and arrogant and blatant manner of killing. Victims were identified as: (1) Roque Hamajin, 17 years old ; (2) Jaang Pulaan, 50 years old; (3) Mr. Hamajin, husband of Jaang Pulahan who all died on July 11, 2001 during the military operation conducted by 32nd IBPA in Brgy. Pipil, Tipo-tipo, Basilan; (4) Ibno Mallaji, 27 years old was abducted and burned to death on September 7, 2001 by elements of Marines and CAFGU; (5) Banadin Ujajon, 45 years old; (6) Abdua Ujajon, 17 years old; and (7) Abubakar Ujajon, 13 years old, was found dead a month after they were abducted by CAFGUs in their farm on July 24, 2001; (8) Nuramum Asunum, 27 years old was arrested in a check point at Brgy. Colonia, Lamitan and killed the day after; (9) Hadji Ahmad Asan was killed by CAFGUS and found dead on August 27, 2001 buried under a pile of coconut husks, his entire body was swollen from beating and his left foot was cut off; (10) Jasan Linungan, 22 years old was shot to death by elements of the military on June 10, 2001.

349. At present, the rest of the illegally arrested victims continue to be in detention, they had been transferred to Camp Bagong Diwa in Bicutan, Taguig, Metro Manila.

350. On March 14, 2005, around 7:30 a.m., about 10 prisoners planned a protest led by Alhamser Manatad Limbong, aka Commander Kosovo in Camp Bagong Diwa. A team composed of Gov. Hussin, Cong. Hataman, DILG Sec. Angelo Reyes and Gen. Avelino Razon was formed to negotiate with the group of Commander Kosovo. The protesting prisoners demanded from the negotiators a guarantee that they be not harmed should they give

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up their protest, a speedy trial of their cases, an investigation of the human rights violations committed against them and full media coverage while surrendering to the police. On March 15, 2005, at around 9:15 a.m., Sec. Reyes ordered the PNP-SAF (Special Action Force) to assault the SICA (Special Intensive Care Area) Building. The PNP-SAF indiscriminately fired at the SICA Building, resulting in the death of 24 inmates, 11 of whom were included in the Free 73 Basilan, and injured many inmates. Forced evacuation of Marihatag, Caras-an and Lianga Surigao Del Sur 351. From April to May 2005, about 316 families with 2,241 individuals evacuated from the towns of Marihatag, Caras-an, Lianga in Surigao Del Sur province due to the military operations against MAPASU communities (Malahutog Pakigbisog Alang sa Sumusunod or Preserving Struggle for the Next Generation) - an organization of lumad communities in Lianga, San Agustin, San Miguel and Marihatag, around the Andap Valley to protect the mining operations in the area;

352. The evacuation of families began in the morning of May 7, 2005 at the height of military operations and massive bombings, purportedly against the New People’s Army. Strangely, however, the operations mainly

affected civilians and there were no reports of NPA casualties.

353. Farmers were physically assaulted, threatened and coerced into giving unfounded information on the NPAs. Elderly men and women were

photographed and misrepresented as armed rebels. Minors were forced to serve as guides, accompanying soldiers in actual combat operations. Houses were looted and burned. Civilians were tortured and abducted in full-view of evacuees. After being shot and denied medical attention by soldiers, a farmer died while evacuating with his family.

355. With the military operations occurring in areas located along Andap valley, it is quite apparent that such atrocities were connected to mining and logging interests. In the whole of CARAGA, a parallel has been

established between military deployment and the presence of logging and mining interests.

356. Strong local people’s organizations have consistently opposed the entry of mining companies in the area as this has been a historical source of dislocation of their communities.

List of exhibit for the cases is attached as ANNEX “A”.

II

RESPONDENT COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION AND GRAFT AND CORRUPTION, AND BETRAYED THE PUBLIC TRUST WHEN SHE (i) ABETTED AND/OR TOLERATED THE COMMISSION OF A CRIME IN REGARD TO THE ANOMALOUS “ZTE NATIONAL BROADBAND CONTRACT, (ii) KNOWINGLY AND WILLFULLY OBSTRUCTED, IMPEDED OR DELAYED THE APPREHENSION OF SUSPECTS AND THE INVESTIGATION OF CRIMINAL CASES ARISING FROM THE SAME, AND (iii) PARTICIPATING AND GIVING SUPPORT TO OR APPROVING THE ZTE-BROADBAND CONTRACT DESPITE HER KNOWLEDGE THAT THE SAME IS TAINTED WITH GRAFT AND CORRUPTION.

357. The illegal and impeachable acts arose out of respondent Pres. Gloria Arroyo's involvement –directly and indirectly – in negotiations for the Philippine Government’s contract with ZTE Corporation (ZTE), a publiclylisted telecommunications equipment supplier in Hong Kong and China, to put up the controversial National Broadband Network (NBN) project. The NBN project purports to establish a nation-wide public telecommunications infrastructure that would deliver voice, data, video, and internet services linking all government agencies and offices.

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358. ZTE submitted a proposal for the establishment of the NBN to the Commission on Information and Communications Technology (CICT). ZTE’s proposal required a government-to-government loan between China and the Philippines to fund the construction and implementation of the NBN, which, when completed, will be turned over to the Department of Transportation maintenance. and Communication (DOTC) for operations and

359. Amsterdam Holdings, Inc. (AHI), a domestic corporation organized under Philippine laws to engage in telecommunications infrastructure and other related services, submitted a proposal that would not require any fund appropriation or guaranty from the national government.

360. Respondent, through the DOTC, without public tender, awarded the contract to ZTE.

361. On April 21, 2007, through the Official News Release (Release No. 5) issued by the Presidential News Desk/Office of the Press Secretary, the national government announced the signing of five (5) economic agreements between the Philippines and China, including a US dollar THREE HUNDRED TWENTY-NINE MILLION FIVE HUNDRED

THOUSAND (US$329,500,000.00) supply contract for the NBN between DOTC and ZTE, with Sec. Leandro Mendoza and Asec. Lorenzo Formoso for DOTC and Mr. Yu Yong for ZTE as signatories. The signing was witnessed by Mrs. Gloria Macapagal-Arroyo herself. A copy of the April 21, 2007 Official News Release (Release No. 5) issued by the Presidential News Desk/Office of the Press Secretary is attached as ANNEX “B”. 2

362. Respondent through DOTC decided to award the NBN contract to ZTE even if the Chinese firm’s proposal presented a project cost of over US$329 Million which the government will pay through a 15-year loan agreement. The AHI proposal for the establishment of the NBN only

carries a tag price of US$240 Million, which will all be shouldered by the
2

A copy of the release is also available in the official website of the PND at http://www.news.ops.gov.ph/archives2007/apr21.htm#So%20much

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project private proponent.

363. On August 27, 2007, the Philippine Star carried a banner headline reporting the signing by the Philippine Government of a US$ 1.8 Billion loan with the China Export-Import Bank to fund the ZTE-NBN project, among other initiatives.3 In the same issue, Star columnist Mr. Jarius

Bondoc also wrote in his column an account of the alleged “sexcapades” of an unnamed Comelec official in China and the active hand he played in the approval of the NBN contract.4 Copies of the two articles are attached as ANNEXES “C” and “D” respectively.

364. The identity of the said Comelec official was revealed by Rep. Carlos Padilla of Nueva Vizcaya in a privilege speech on August 29, 2007 before the House of Representatives. In his speech, he named then COMELEC Chairman Benjamin Abalos Sr. as having influenced the award of the NBN contract by the DOTC to ZTE. Rep. Padilla also referred in his speech to reports that Mr. Abalos went to China on numerous occasions to play golf with ZTE officials. In these trips, ZTE paid for his expenses. the privilege speech is attached as ANNEX “E”. A copy of

365. On September 3, 2007, a news article in the Philippine Star revealed that Mr. Abalos tried to bribe ZTE rivals into backing out from the NBN project. A newspaper source who was privy to the supposed bribery

attempt said that Chairman. Abalos offered US$10 Million to Jose “Joey” Mr. De Venecia III of AHI to withdraw their proposal to undertake the NBN project. This was supported by a news report from the Philippine Daily Inquirer indicating that a businessman is willing to testify on the attempt by Chairman Abalos to bribe the businessman. The businessman also

claimed that the latter even bragged to him that he is the “most powerful man in the Philippines” whenever the election period comes around.5 Copies of the above-mentioned articles are attached as Annexes “F” and “G” respectively.
3

4

5

available at http://philstar.com/index.php?p=60&type=2&sec=24&act=view&aid=20070826135. available at http://philstar.com/index.php?p=60&type=2&sec=24&act=view&aid=20070826167. available at http://services.inquirer.net/print/print.php?article_id=86453

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366. Mr. Abalos himself admitted that he and some of the ZTE officials were golfing buddies and confirmed that ZTE top officials financed his trips to China. He also disclosed that his daughter, Girlie, received assistance from a ZTE official regarding her importation business. Mr. Abalos further admitted that he was the one who introduced the ZTE officials to Finance Secretary Margarito Teves, knowing fully well that the latter’s discretion and functions would be indispensable in the implementation of the NBN project.6 A copy of a news article published on the website of the Philippine Daily Inquirer that reported these admissions by Mr. Abalos is attached as ANNEX “H”.

367. For his part, Secretary Teves has confirmed reports that he was introduced to the ZTE officials by Mr. Abalos. He also disclosed that,

sometime last year, he attended a meeting with the Respondent Gloria Arroyo, the ZTE officials, and Secretary Mendoza of the DOTC, where they discussed the NBN project.7 A copy of the news article published on the website of the Philippine Daily Inquirer reporting the declaration of Secretary Teves is attached as ANNEX “I”.

368. The Senate opened a joint inquiry in aid of legislation on allegations of graft and corruption in the NBN contract through the Committees on Accountability of Public Officers and Investigations (Blue Ribbon), Trade and Commerce and National Defense and Security on what is now known as the “ZTE-FG Broadband Scandal.” The inquiry is based on P.S. Res. No. 129, authored by Senator Panfilo Lacson, P.S. Re. No. 136 authored by Senator Miriam Defensor-Santiago and the privilege speech entitled “Legacy of Corruption” delivered by Sen. Lacson.

369. In that hearing, Respondents Abalos and Sec. Romulo Neri, among other resource persons gave testimony under oath concerning the controversy – testimony that constitute sufficient basis for holding them, along with Respondent and her husband Mr. Mike Arroyo, liable for violations of RA 3019, particularly Sections 3 pars. (a) and (h) and Arts.
6 7

available at: http://services.inquirer.net/print/print.php?article_id=85686 available at: http://services.inquirer.net/print/print.php?article_id=85939

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211 and 212 of Title VII, Chapter II, Sec. 2 of the Revised Penal Code,

370. Also pertinent is the testimony of Jose “Joey” Mr. De Venecia III, outlined in his opening statement and his affidavit submitted to the joint committee hearings at its opening on Sept. 18, 2007 the following facts: A copy of the opening statement and affidavit of Jose “Joey” De Venecia III are attached as Annexes “J” and “K” respectively.

370. Sometime shortly after AHI submitted an unsolicited proposal to the DOTC, Mr. Abalos got in touch with Mr. De Venecia III through his father, House Speaker Jose de Venecia, Jr.

371. A meeting thereafter took place, at the Wack Wack Golf and Country Club and this time, upon invitation by Mr. Abalos. At that meeting, Mr. Abalos, Mr. De Venecia III, Ruben Reyes, Leo San Miguel, Jimmy Paz, and Retired Police General Quirino dela Torre were present. In the same meeting, Mr. Abalos told Mr. De Venecia III: “Joey, I want to do something when I retire. I want to pursue something in the telecommunications industry.” However, in the course of the meeting, it became apparent to Mr. De Venecia III that Mr. Abalos supported ZTE’s proposal and not AHI’s.

372. Mr. Abalos subsequently offered Mr. De Venecia III TEN MILLION UNITED STATES DOLLARS (US$10,000,000.00), in exchange for AHI’s withdrawal from the NBN project, saying that De Venecia should give way to Mr. Abalos’ wishes, as the NBN project would be his “last hurrah”.

373. But Mr. De Venecia III could not accede to Mr. Abalos’ demands, inasmuch as he does not have full control of AHI, it being a firm with both foreign and local partners. Instead, he offered Mr. Abalos a stake in AHI, for the latter to be a Director or its Chairman. Mr. Abalos however, refused the offer.

374. Mr. Abalos again invited Mr. De Venecia III to his office at the COMELEC. In this particular meeting, Mr. Abalos introduced to Mr. De

In Re Impeachment of Gloria Macapagal-Arroyo, President of the Philippines

375. Mr. De Venecia III was unwilling to withdraw from the NBN project, Mr. Abalos tried to strike a middle ground by proposing a partnership between AHI and ZTE instead.

376. In the latter half of December 2006, Mr. Abalos met with De Venecia III five or six times to convince the latter to either drop the NBN project or join the ZTE as a partner in it.

377. Thus, on December 27, 2006, Respondent, Mr. De Venecia III, and the ZTE officials met at the Kempinski Hotel in Shenzen, China.

378. Before the meeting however, Mr. Abalos showed to Mr. De Venecia III a copy of ZTE’s proposal for the NBN project that carried a tag price of TWO HUNDRED SIXTY-TWO MILLION DOLLARS ($262,000,000.00) and under which the network would cover thirty percent (30%) of the country.

379. Mr. De Venecia III faxed a copy of this “Abalos Proposal” to the technical personnel of AHI and technical country representative of ZTE in Manila. Mr. De Venecia III then realized that the proposal was overpriced by ONE HUNDRED THIRTY-TWO MILLION DOLLARS

($132,000,000.00), after noting that the value of the equipment is only One Hundred Thirty Million Dollars ($130,000,000.00). Mr. De Venecia III told Mr. Abalos of his reservations about the project, saying that it “simply cannot be,” and that Mr. Abalos “cannot expect to book an asset at $262 million when its actual value is only half of that”.

380. Mr. De Venecia III thus asked that an evaluation be made of the Abalos Proposal before meeting with ZTE officials at the Kempinski Hotel. ZTE President Yu Yung, Director Fan Yang, and other officials, as well as members of Mr. Abalos’s group, namely Ruben Reyes, Leo San Miguel, General Dela Torre, and Jimmy Paz were present.

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381. At the meeting, Mr. Abalos introduced Mr. De Venecia III as his partner to the ZTE officials. Mr. Abalos demanded from the Chinese the money promised him, claiming that “the President and the Speaker” were expecting it. Upon hearing this, Mr. De Venecia III asked to confer with him in private. Mr. De Venecia III told Mr. Abalos that “it was highly inappropriate and wrong to name-drop Mrs. Arroyo and his father as they are well-respected in China, adding that Mr. Abalos’s representations to the ZTE officials were “simply unacceptable.” De Venecia then asked Mr. Abalos not to drag “my president and my father into this”.

382. When the meeting resumed, Mr. Abalos again asked the ZTE officials to give him the promised money. ZTE officials however refused to accede to his demands, declaring that they would only release the money after the “loan documents” were finalized.

383. On hearing this, Mr. Abalos started banging his fists on the table and shouting at the ZTE officials. He bragged about his position as the “most powerful man in the Philippines” beginning January 15 (2007), being the Chairman of the COMELEC, and considering that the then approaching May 14, 2007 elections was approaching.

384. To this ZTE Director Fan Yang responded with a question – “What about the money we already advanced, Mr. Chairman?”

385. Mr. Abalos could only stare back at the ZTE official in silence.

386. Later, the party repaired to another venue, this time, the nearby Ocean Pearl Restaurant, where they found Chairman Ho of ZTE waiting for them.

387. Subsequently, however, Mr. Abalos, called up Mr. De Venecia III and started hurling invectives at him. This we learn from Mr. De Venecia III’s account of the incident:

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…Chairman Abalos called me up and started screaming[,] shouting invectives at me. He said, “Salbahe kang bata ka. Putang ina mo, kung alam lang ng tatay mo ang ginagawa mo, putang ina mo.” I was bewildered where all of this was coming from, until in the middle of his ranting, he said that “I tapped your telephone.” I responded, “Isn’t that illegal” He said, “gusto mo ng transcript?” and I said I certainly would like to have a copy. Apparently, he got angry at me because he found out from my phone calls that I had mentioned to several AHI personnel, as well as AHI’s partners, that we were having difficulty with the NBN contract because he [Mr. Abalos] wanted a $130 million dollar kickback from the project. While this was extant from Chairman Abalos’ foul language while we talked, I never received a copy of the alleged transcript of the conversation which Chairman Abalos said he would send. 388. In mid-March 2007, Mr. De Venecia III visited his father at the latter’s residence, where he happened upon DOTC Secretary Leandro Mendoza. At that time, Secretary Mendoza was soliciting the support of the House Speaker for his son, who was running for an elective position in Batangas. Mr. De Venecia III took it as an opportunity to inquire from Secretary Mendoza about the AHI’s unsolicited proposal. To this Secretary Mendoza replied: “your project, Joey, is a big problem as Chairman Abalos is so angry at you and wants the NBN project for himself”.

389. Secretary Mendoza implored Mr. De Venecia III to patch things up with Mr. Abalos and even offered to broker a reconciliation meeting between them.

390. The reconciliation meeting pushed through but ended without a meeting of minds between the two parties.

391. Mr. De Venecia III affirmed his declarations in his affidavit before the joint hearings and made the following additional relevant allegations:

a. Mr. Arroyo was present in the “reconciliation” meeting, a fact not declared in his affidavit. Mr. De Venecia III believed that the Mr. Arroyo was brought in by Mr. Abalos to bully him into agreeing to

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the latter’s demands that AHI pull out of the NBN project. Mr. De Venecia III charged that Mr. Arroyo spoke two words – “BACK OFF” – in a threatening manner to him, and poked an index finger barely two (2) inches away from Mr. De Venecia III’s face.

b. Mrs. Gloria Macapagal-Arroyo, who was then with Speaker De Venecia, Jr., met with Abalos, Sr., who was with a ZTE official at an unnamed golf course. A newspaper account of the testimony is attached as ANNEX “L”. 8

392. On September 20, 2007, some members of the Cabinet testified under oath before the joint hearing. Finance Secretary Margarito Teves, DOTC Secretary Leandro Mendoza and DOTC Asec. Lorenzo Formoso all confirmed that they attended meetings with ZTE representatives along with Mr. Abalos, thus belying the latter’s claims that he did not know anything about the NBN project.

393. On September 26, 2007,

Mr. Neri, as well as Mr. Abalos himself, Senate hearing. It was in that

appeared and testified under oath at hearing where

Mr. Neri admitted under oath that that Mr. Abalos offered

him as they were playing golf a bribe of TWO HUNDRED MILLION PESOS (P200,000,000.00). According to Secretary Neri, Abalos, Sr.’s

exact words to him were: “Sec., may two hundred ka dito,” in apparent allusion to the ZTE supply contract for the NBN project.

394. Under questioning by Senator Lacson, incident in the following exchange:

. A news report of this revelation is available a http://newsinfo.inquirer.net/breakingnews/nation/view_article.php?article_id=89222. Complainants undertake to provide the Hon. Ombudsman with certified true copies of the transcripts of the joint committee hearings containing allegations made in pars. 49-54 as soon as practicable.

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SEN. LACSON: NBN. MR. NERI: Basically was NBN. SEN. LACSON: So how did it occur to you, ano ang dating sa inyo noon [nag-uusap] kayo ng NBN project, may ibubulong sa inyo iyong chairman [na kalaro] ninyo ng golf, “Sec, may 200 ka rito.” Anong pumasok sa isip ninyo noon? MR. NERI: I was surprised. SEN. LACSON: You were shocked, you said. MR. NERI: Yeah, I guess, I guess. SEN. LACSON: Bakit kayo na-shock? MR. NERI: Well, I [am] not used to being offered. SEN. LACSON: In other words, at that point it was clear to you that you were being offered money in the amount of 200 million, kasi malaki sabi ninyo? MR. NERI: I said no amount was put, that I guess was given the magnitude of the project, siguro naman hindi P200 or 200,000 so… 395. Mr. Neri subsequently confirmed what he thought to be a P200-million bribe offer from Mr. Abalos in his later testimony under questioning by Senator Richard Gordon [Committee Transcript, Sarmiento IX-5, Sept. 26, 2007, 8:40 p.m. p. 3-4, copy attached as ANNEX “M”].

396. Mr. Abalos in his own testimony also admitted to the following facts:

399. Respondent Gloria Arroyo was informed that Chairman Benjamin Abalos offered a bribe to Sec. Neri in exchange for the latter’s support of the ZTE Contract but instead of putting the contract negotiations on hold and investigating the contract for possible overprice and other

irregularities she ORDERED Sec. Neri to APPROVE the contract.

400. Worse, Respondent Arroyo even asked Sec. Neri why he did not accept the bribe offer before ordering Sec. Neri to approve the ZTE Contract.

402. When asked by Sen. Cayetano whether the President had said “don’t accept, next topic” or “that’s a nice project, but why are they doing that?,” Mr. Neri could only reply: “Beyond what I said your honor I invoke the right

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of executive privilege.”9 A copy of the news article reporting on this aspect of Mr. Neri’s testimony is attached as ANNEX “S”.

403. What is clear is that Respondent Mrs. Arroyo, despite having been told about the alleged bribe offer made by a member of her Cabinet – no less than the chief of the Comelec – did not do anything about it.

404. She continued to favor the ZTE’s proposal to undertake the NBN project under highly onerous conditions. At the very least, the bribe offer reported to her by her economic adviser should have led to an investigation about the culpability of Mr. Abalos, and overpricing considering that the ZTE proposal contained provisions highly

disadvantageous to the government.

405. With the bribe offer, ZTE proposal has all the tell-tale signs of an anomalous transaction.

406. But the truth is that Respondent Mrs. Arroyo did not lift a finger to have Mr. Abalos investigated; in fact, she even flew to China to witness the signing of five (5) economic agreements between the Philippines and China, including a US dollar THREE HUNDRED TWENTY-NINE MILLION FIVE HUNDRED THOUSAND (US$329,500,000.00) supply contract for the NBN between DOTC and ZTE.

407. Respondent Mrs. Arroyo did nothing about a bribe offer made by Chairman Benjamin Abalos a public official to a member of her cabinet in relation to the ZTE broadband proposal, despite her knowledge of the same; her very own husband, Mr. Mike Arroyo siding with Chairman

Abalos and ordering De Venecia to “back off” from the ZTE project; and, Respondent Mrs. Arroyo herself pushing for the project, as clearly

9

See the Philippine Daily Inquirer report on this segment of Mr. Neri’s testimony at http://newsinfo.inquirer.net/breakingnews/nation/view_article.php?article_id=90971. Complainants undertake to provide the Hon. Ombudsman with certified true copies of the transcripts of the joint committee hearings containing allegations made in pars. 61-64 as soon as practicable.

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indicated by her presence in the singing of the NBN contract between the DOTC and the ZTE over the same anomaly of a project.

408. In fact, official records submitted to the Senate “Blue Ribbon” Committee reveal that she authorized two Cabinet secretaries to negotiate for the award of the NBN project to ZTE months before NEDA began its evaluation of the project. In fact, four days before formal talks with ZTE started, she brought the ZTE chair to Cotabato City as her special guest at the joint Cabinet-regional Development Council meeting on July 8, 2006.

409. Respondent Mrs. Arroyo is guilty of abetting or tolerating the commission of a crime when she did nothing despite her having been told by Respondent Neri about a bribe offer from Respondent Abalos. Her omission violates Art. 208 of the Revised Penal Code, which provides for a penalty of prision correccional upon a public official who in dereliction of his or her duties, “shall maliciously refrain from instituting prosecution or the punishment of violators of the law or shall tolerate the commission of offenses.”

410. Moreover, she also violated § 1 (a) of PD 1829, which provides that “[a] penalty of prision correccional in its maximum period shall be imposed upon any person who knowingly and willfully obstructs, impedes or delays the apprehension of suspects and the investigation of criminal cases by… (a) preventing witnesses from reporting the commission of any offense.”

411. Despite her having been told about the bribe offer, Respondent Mrs. Arroyo obstructed the apprehension of Mr. Abalos and the investigation of the same offense by (a) not acting on it and (b) her active support for the ZTE proposal to undertake the NBN project, as indicated by her signing through Sec. Mendoza on Sept. 21, 2007 of the ZTE agreement in China; and (c) her express invocation of “executive privilege” to obstruct the investigation of an illegal act, through her alter ego10 Sec. Romulo Neri.
10

This is known as the Qualified Political Agency doctrine, best explained by Justice Laurel in this wise: “After serious reflection, we have decided to sustain the contention of the government in this case on the broad proposition, albeit not suggested, that under the presidential type of government which we have adopted and considering the departmental

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412. Considering the above, Respondent Mrs. Arroyo is also guilty of violation of § 3 (e) of RA 3019, for “[c]ausing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith, or gross inexcusable negligence.”

413. Respondent is also guilty of violating Republic Act 9184, otherwise known as the Government Procurement Reform Act, and the Ethical Standards Act for Public Officials, and furthermore, of Art. VII, Sec. 20 of the Constitution which requires that loans incurred by the President must be approved by Central Monetary Board or Central Bank.

414. She knew about the bribe offer; she knew about the onerous nature of the ZTE proposal; she knew it was overpriced by at least TWO HUNDRED MILLION PESOS (P200,000,000.00) which is the amount offered as a bribe to Mr. Neri; yet in evident bad faith, or at least, gross inexcusable negligence, she presided over the signing of a deal between her own agents and officials of the ZTE – an act that effectively sealed her approval of a highly anomalous deal disadvantageous to the government. The

involvement of her very own husband, Mr. Arroyo is part and parcel of the same conspiracy to grant ZTE the NBN contract in violation of pertinent criminal statutes and to the disadvantage of the government.

415. The foregoing acts committed by Respondents are unlawful and made

organization established and continued in force by paragraph 1, section 12, Article VII, of our Constitution, all executive and administrative organizations are adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of the Chief Executive, and except in cases where the Chief Executive is required by the Constitution or the law to act in person or the exigencies of the situation demand that he act personally, the multifarious executive and administrative functions of the Chief Executive are performed by and through the executive departments, and the acts of the secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive.” Cited in the concurring opinion of Justice Fernando in Lacson-Magallanes Co. v. Jose Pano, G.R. No. L27811, November 17, 1967; Justice Laurel, it should be noted, had cited Runkle vs. United States 122 U.S.543 (1887). [emphasis supplied]. It is clear that the invocation of “executive privilege” by Respondent Neri was never invalidated by Respondent Mrs. Arroyo. This clearly indicates her active support of the acts of her alter ego; indeed Respondent Neri’s act was her own act.

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punishable under RA 3019 as well as under the relevant provisions of the RPC and special laws. These acts therefore constitute impeachable offenses under the fundamental law of the land.

III RESPONDENT COMMITTED BRIBERY, GRAFT AND CORRUPTION, AND BETRAYAL OF PUBLIC TRUST WHEN SHE AUTHORIZED, ABETTED, ALLOWED, AND COUNTENANCED THE DISTRIBUTION OF BRIBE MONEY TO MEMBERS OF CONGRESS IN EXCHANGE FOR THE HASTY REFERRAL OF THE PULIDO IMPEACHMENT COMPLAINT TO THE JUSTICE COMMITTEE IN AN ATTEMPT TO PREVENT THE FILING OF A MORE SUBSTANTIVE AND GENUINE IMPEACHMENT COMPLAINT AND EVENTUALLY DISMISSING THE PULIDO COMPLAINT. 416. In the morning of 5 October 2007, the day the impeachment complaint of Robert Pulido was filed, respondent, through her agent, Atty. Francis Ver, a high ranking official of respondent’s political party KAMPI, approached and offered Rep. Crispin Beltran of ANAKPAWIS party list, bribe money in the amount of One Million (Php1,000,000.00) Pesos for the purpose of endorsing a yet to be filed impeachment complaint. The

endorsement of Rep. Beltran would add a color of ‘legitimacy’ to the Pulido complaint. Rep. Beltran rebuffed him but subsequent thereto,

respondent’s agent, Atty. Francis Ver, again approached Congressman Beltran and increased the bribe offer to Php 2 Million Pesos. Congressman Beltran declined the offer. Attached as ANNEX “T” is the Sworn Statement of Rep. Crispin Beltran. Later that day, Rep. Beltran learned that an impeachment complaint was filed by Atty. Pulido and duly endorsed by an administration ally, Congressman Edgardo San Luis.11 The bribe offer by respondent and her agent on an opposition congressman and to Congressmen Rufus Rodriguez and Dan Fernandez
12

. was

respondent’s brazen attempt to give a semblance of credibility to a 3-page impeachment complaint and to prevent a more substantive impeachment complaint from being filed. Respondent’s actions are clearly blatant
11

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violations of the Revised Penal Code and a deliberate subversion of the intentions of the impeachment provisions of the Constitution. Copy of newspaper articles are attached as ANNEXES “U” and “V”.

417. Respondent, through her agents, called for an October 11 breakfast meeting in Malacañang Palace with 190 congressmen and sought to influence the solons to dismiss the so-called Pulido impeachment complaint by bribing them with amounts of either TWO HUNDRED

THOUSAND (Php200,000.00) PESOS and FIVE HUNDRED THOUSAND (Php500,000.00) PESOS as disclosed by Cebu City Congressman Antonio Cuenco who admitted receiving a “Christmas gift”13 and further disclosed by admissions by Liberal Party members that 14 of its members have received the amounts of Php500,000.00 from the President.14 The bribe money was further evidenced in an ANC video footage showing several congressmen leaving the Palace, each carrying gift bags containing the bribe money. Copy of news articles are attached as ANNEXES “W” and “X”.

418. Rep. Bienvinido Abante also admitted receiving cash in Respondent’s home at Malacanang, and this was confirmed by Rep. Amelita Villarosa who admitted that the giving of large sums of cash to members of Congress, many of whom were members of other political parties such as LAKAS-NUCD and Liberal Party, was through the initiative of

Respondent’s political party KAMPI.

419. Not content with bribing the approximately 190 congressmen to support the impeachment complaint, the President held another meeting in Malacañang Palace with the officials of the Union of Local Authorities of the Philippines (“ULAP” for brevity) and in that meeting, the respondent and her respondents sought their assistance in supporting moves to junk the impeachment complaint. This is evidenced by the fact that Eastern Samar Gov. Ben Evardone, ULAP Secretary General, admitted that the Thursday meeting discussed the impeachment complaint and agreed that
13 14

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it should be thrown out.15 That meeting ended with several governors receiving bribe money of FIVE HUNDRED THOUSAND (Php500,000.00) PESOS as evidenced by the admissions of Pampanga Gov. Eddie Panlilio and Bulacan Governor Joselito Mendoza. attached as ANNEX “Y”.
16

Copy of news articles are

420. To date, respondent and her agents are still trying to cover up the real reason for handing out cash to members of Congress and the local government units but Respondent dismally failed in that aim as all the explanations were still anomalous and illegal under Philippine laws especially since accounting procedures of the government’s auditing rules were not followed.

421. From these acts, Respondent Gloria Arroyo, committed Bribery, Graft and Corruption and Betrayal of Public Trust and must therefore be impeached for the same.

IV RESPONDENT COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION AND BETRAYAL OF PUBLIC TRUST WHEN SHE COMMITTED ELECTORAL FRAUD, ABUSED HER AUTHORITY TO SUPPRESS LAWFUL EXERCISE OF THE PEOPLE’S RIGHTS TO FREE SPEECH, FREEDOM OF EXPRESSION, FREEDOM OF ASSEMBLY, THE FREEDOM OF THE PRESS AND THE PEOPLE’S RIGHT TO INFORMATION AND CURTAILING THE LEGISLATIVE POWER TO INQUIRE ON MATTERS RELATING TO THE SAID ELECTORAL FRAUD COMMITTED IN THE 2004 PRESIDENTIAL ELECTIONS AND OTHER MATTERS AFFECTING THE LEGITIMACY OF HER PRESIDENCY.

422. Within a year from Respondent’s assumption of the Office of the President in 2004, evidence and questions about the legitimacy of, and the constitutionality and legality of her official acts in relation to, connected with and in pursuance of her victory in the 2004 elections were exposed to the
15
16

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public, such as:

a. Respondent destroyed the integrity of the electoral process:

i.

The Respondent undermined the independence of the Commission on Elections (COMELEC) by appointing as members thereof persons of questionable integrity and independence and conniving with said persons and the entire COMELEC itself to rig in her favor the 2004 presidential elections. In particular, Respondent appointed Virgilio

Garcillano as COMELEC Commissioner and interfered with and manipulated the official election duties of the latter to orchestrate and implement electoral fraud.17 ii. During the 2004 election period, Respondent engaged in unlawful correspondence with Commissioner Garcillano – caught in what is now known as the “Hello, Garci” recordings –wherein she directed/countenanced/abetted the

commission of the following:

(a) cause the delay in the

canvassing of election returns in Mindanao; (b) manipulation of the election returns, certificates of canvas, and the

statement of votes in Sulu, Basilan, and South Upi; (c) use of the military and police in partisan political activity favoring the Respondent in Mindanao; (d) manipulation of the election results to fraudulently ensure that she will lead by not less than one million votes nationwide; (e) fraudulently pad the votes cast in her favor and shave the votes of her opponents, (f) the kidnapping of Rashma Hali to prevent the latter from exposing the Respondent’s electoral fraud in Mindanao; and (g) the delaying of the senatorial canvassing, purportedly to synchronize the cheating with the ballot count there;18

17

The appointment, memoranda, vouchers and other official documents and communications with respect to and involving the Comelec in general, and Commissioner Virgilio Garcillano in particular, are incorporated hereto by reference and made an integral part hereof. Since these involved official acts of constitutional bodies, this Honorable Body may take judicial notice thereof. 18 The correspondences referred to during the election period are incorporated herein by reference and made an integral part hereof. Since the correspondences are of public

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iii. The ‘Hello Garci’ recording was later proven by Sgt. Vidal Doble who testified before the Senate that the Intelligence Service of the AFP indeed tapped the phone of

Commissioner Virgilio Garcillano and in the process recorded the above conversation between respondent Arroyo and Comm. Garcillano conspiring to commit the above illegal acts. Sgt. Doble also admitted that Medy, later identified as Respondent’s aide Asec. Remedios Poblador, offered to help him if he will not testify against Respondent Arroyo. Sgt. Doble also admitted that he and his family were confined in the quarters of respondent’s trusted Chief of Staff Gen. Abu after he exposed the Garci Tapes. This admission-againstinterest by Sgt. Vidal Doble is recorded not only by media reports but also by the Senate and being a public document is subject to judicial notice.

and/or tampering of ballots, election returns, and certificates of canvass, and (c) padding and shaving of votes during the counting and canvassing, Pampanga, (ARMM), provinces;19 in the provinces of Cebu,

Autonomous Region of Muslim Mindanao Iloilo and Bohol provinces, among other

v.

Respondent,

through

her

agents,

orchestrated

the

“switching,” sometime between January and February 2005 at the House of Representatives, of ballot boxes containing town-level tallies of votes in the 2004 elections. Through this clandestine operation, thousands of "corrected" ERs were smuggled into the Lower House, replacing genuine ERs in the ballot boxes in the legislature’s custody. The “corrected”
knowledge, this body may take judicial cognizance thereof. The ballots, election returns, certificate of votes and other official tallies of the 2004 presidential elections which are part of an election protest are incorporated herein by reference and made an integral part hereof.

19

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ERs were needed so that the votes would correspond to the figures in the province-wide certificates of canvass – the documents used in the congressional canvassing – which a group headed by former elections commissioner Virgilio Garcillano tampered with.20

b. The Respondent used government offices, personnel, and funds immediately before and during the 2004 election period to buy votes, unlawfully promote her candidacy and ensure her victory;

i.

Shortly before and during the 2004 election period, Respondent unlawfully transformed Philhealth cards into prohibited campaign materials by making said cards bear her name and picture, and she illegally used public funds when she issued said Philhealth cards to voters; 21

ii.

On or about October 2003, the Respondent illegally used 4 to 6 billion pesos of public funds to promote her 2004 presidential candidacy. Under the guise of purported but incongruently massive road construction and

maintenance projects from Aparri to Jolo, Respondent, through her agents, set up throughout the Philippines hundreds of thousands of placards and billboards bearing Respondent’s name or face and paid hundreds of

thousands of voters who were made to wear t-shirts and raincoats also bearing the Respondent’s face or name;22

iii.

The Respondent illegally used and disbursed the 2003 and 2004 budget allocations of the deactivated Southern Philippines Development Authority (SPDA) and of the streamlined National Electrification Administration (NEA)

20 21

See supra note 4. The budget and vouchers for and the official documents and communications in relation to these expenditures are incorporated herein by reference and made an integral part hereof and, being official acts of the executive department of the government, are matters the may be taken judicial notice of. 22 Id.

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for her presidential campaign fund

and to

unlawfully

promote her 2004 presidential candidacy;23

iv.

The Respondent illegally used and disbursed the road users’ tax and the fertilizer funds presidential candidacy;24 for her presidential

campaign fund and to unlawfully promote her 2004

v.

The Respondent authorized, abetted and countenanced the malversation of the Billions of Pesos of recovered Marcos wealth and accepted jueteng payola which she used to bankroll her presidential campaign and to bribe government officials to rig in her favor the results of the 2004 presidential elections.

c. When the electoral fraud and corruption committed by the Respondent were discovered and exposed, Respondent committed unlawful acts to conceal her criminal acts, violating the powers of congress, repressing the freedom of speech, of the press and of assembly, denying the people their right to access for information on matters of public concern and countenancing massive human rights violations – all to prevent the exposure and investigation into her criminal acts.

i.

Sgt. Vidal Doble in his testimony before the Senate on June 7, 2007 admitted that Medy, later identified Respondent’s aide as Asec. Remedios Poblador, offered to help him should he not testify against the Respondent.

ii.

The Respondent, through her agents, presented false or tampered audio recordings of her unlawful conversations with Commissioner Garcillano to the media, the public, and the National Bureau of Investigation (NBI) and falsely

23 24

Id. See supra note 6.

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103

accused the political opposition of splicing the audio recordings of her phone conversations with Commissioner Garcillano;25

iii.

The Respondent obstructed justice by attempting to delay, impede, and cover up or otherwise impair the verity, authenticity, admissibility or legibility, of evidence in the congressional investigations, and all other present and future criminal investigations, in the charges of various offenses against her and other persons; and by making, presenting, or using a false or tampered audio recording, with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; and by giving false or fabricated information to mislead or prevent Congress and law enforcement agencies from apprehending perpetrators of certain crimes; or fabricating and disseminating information to mislead or impede the process of such investigations;26

iv.

The respondent also issued patently illegal and blatantly unconstitutional issuances to prevent investigations into her criminal acts, to suppress freedom of the press, freedom of expression and freedom of assembly, and to prevent the people’s exercise of the right to petition the government for redress of their grievances. These are: a) Executive Order No. 464 which violates the separation of powers and undermined the exclusive powers of Congress to conduct inquiries in aid of legislation, as well as the right of the people to information on matters of public concern in that she prevented her subordinates in the executive branch from appearing as witnesses in

25

The objects, documents and other pertinent data and information relative to this statement are matters of public knowledge and/or constitute official acts of a branch of the Philippine government that may be taken judicial notice of; they are also hereby incorporated by reference and made an integral part hereof. 26 See supra note 10.

In Re Impeachment of Gloria Macapagal-Arroyo, President of the Philippines

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congressional

hearings

and

from

providing

any

documents requested in such legislative investigations; b) Presidential Proclamation No. 1017 and ordered the police and the military to effect warrantless searches and seizures, arrest innocent civilians including Prof. Randy David, without complying with constitutional and legal standards, and in effect she violated the bill of rights; c) the calibrated pre-emptive response policy against political rallies and demonstrations which constitutes prior restraint, she repressed the people’s rights of free

expression, free speech, and their right to peaceably assemble and to petition the government for redress of grievances;

v.

Respondent Mrs. Arroyo, through her subordinate Justice Secretary Raul Gonzalez, NSA Norberto Gonzalez and members of the AFP and the PNP ordered the illegal arrest, detention, and prosecution of members of the opposition such as Representatives Crispin Beltran Liza Maza, Satur Ocampo, Joel Virador, Teodoro Casino, and Rafael Mariano, said charges later found by the Supreme Court to be political harassment of members of the opposition to Respondent Mrs. Arroyo and a “prostitution” of the executive department’s prosecuting arm and function.

423. In summary, Respondent Gloria Arroyo is liable for betrayal of public trust, culpable violation of the Constitution and graft and corruption and abused her public office as Chief Executive and Commander-in-Chief by using her powers to violate the constitutional rights of the people and violated her oath of office to the country to “preserve and defend its Constitution, execute its laws and do justice to every man” and must therefore be impeached for the said acts.

In Re Impeachment of Gloria Macapagal-Arroyo, President of the Philippines

105

V RESPONDENT ENGAGED IN GRAFT AND CORRUPTION AND BETRAYAL OF PUBLIC TRUST, BY ENTERING INTO ANOMALOUS GOVERNMENT CONTRACTS AND ILLEGAL TRANSACTIONS AND CRIMINALLY CONCEALED HER CONJUGAL ASSETS.

424. Notwithstanding

Respondent’s

dubious

election

victory

and

questionable mandate, Respondent committed illegal acts in order to hold on to power at all cost, in the process enriching herself, her family and allies at the expense of the government and the public. Respondent also approved, allowed, and countenanced contracts that were manifestly and grossly disadvantageous to the government, violative of bidding and government contracts laws, thereby causing the government undue injury or grave unwarranted benefits to herself and/or favored parties through manifest partiality and/or evident bad faith.

The Fertilizer Scam

425. Respondent appointed Mr. Jocelyn Bolante as Undersecretary of Agriculture to orchestrate and implement, as he did in fact orchestrate and implement, on Respondent’s behest and for Respondent’s benefit, the use of 2.806 Billion Pesos released shortly before the 2004 elections, of which SEVEN HUNDRED TWENTY EIGHT MILLION (Php728,000,000) Pesos were allocated for the fertilizer fund, by, among others, overpricing the supply and acquisition of fertilizers, granting Millions of Pesos of the funds as allocations to highly-urbanized, non-agricultural congressional districts and, in some instances, releasing the funds to non-existent entities, foundations or non-government organizations;27

426. Respondent, did not ensure that Jocelyn Bolante, her undersecretary, be made to account for such anomaly and allowed Usec. Bolante to escape abroad. Respondent refused to implement the warrant of arrest issued by the Philippine Senate on Usec. Bolante and in fact made sure

27

See supra note 10.

In Re Impeachment of Gloria Macapagal-Arroyo, President of the Philippines

106

that the fugitive Bolante is provided consular services when he fled to the United States. It was through the initiative of the Philippine Senate that Usec. Bolante was arrested in the United States where he now languishes in prison pending his appeal. Respondent showed complete lack of

interest to have Usec. Bolante transferred to the Philippines on the ground of comity, to testify on official investigations on the fertilizer scam.

427. Meanwhile, millions of landless farmers who remain poor,

Northrail Project

428. When the Philippine Senate On February 26, 2004, the Respondent, acting through her agents, caused the Republic of the Philippines to enter into an agreement for the construction of the North Luzon Railway Project (Northrail), in the process obliging the government to contract a loan of Four Hundred Million US Dollars (US$400,000,000.00) from the Export-

Import Bank of China whereby Respondent, together with and through her agents, obtained a twenty five percent (25%) kickback out of the whole

contract price and obligated the Republic of the Philippines to agree to terms and conditions which are grossly disadvantageous to the

government and in blatant violation of the Constitution, the Anti Graft and Corrupt Practices Act (RA 3019), bidding statutes, government contract laws, and other applicable statutes.28

429. Following are examples of the violations and disadvantageous terms and conditions:

i.

it is based on a grossly inflated estimate of the project cost in the amount of US$503,000,000;

ii.

it provides for an interest rate of three percent (3%) per annum on the amount of the loan, which is much higher than the rate on other loan packages that the Republic of the Philippines could have availed of;

28

See supra note 10.

In Re Impeachment of Gloria Macapagal-Arroyo, President of the Philippines

107

iii.

it provides that the Agreement will be governed by and construed in accordance with the laws of the People’s Republic of China, and that any suit, legal action or proceeding arising from the Agreement may be brought before the courts of that country;

iv.

it provides that control over the proceeds of the loan is not placed with the Republic of the Philippines but is retained by the Export-Import Bank of China. This prevents the funds from becoming part of the National Treasury in contravention of the Constitution and applicable laws;

v.

it was not approved with the prior concurrence of the Monetary Board as required by the Constitution for any foreign loan, and;

vi.

it violates Philippine laws on public bidding of government projects and Constitutional provisions on preference to

Filipino labor and investment because the construction project was awarded to a Chinese Corporation, China National Machinery and Equipment Corporation (Group) (CNMEG), without providing qualified Filipino contractors and

corporations the opportunity to bid for the Project;

Statement of Assets and Liabilities and Jose Pidal Account

430. When the Respondent filed her Statement of Assets and Liabilities and Net worth (SALN) in February 2001, she concealed ownership of various properties and business interests pertaining to her and her spouse, and willfully failed to pay the taxes due on these properties and the income derived from them, in violation of the disclosure requirements under the code of conduct and ethical standards for public officials and employees, applicable tax laws, and the constitutional provisions on the accountability of public officials.

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431. After the Jose Pidal account of Jose Miguel T. Arroyo was exposed, which account was claimed by Respondent’s brother-in-law, Mr. Ignacio T. Arroyo, the Respondent failed and refused, as she continues to fail and refuse, to cause the prosecution of Jose Pidal for tax fraud for failure to report his income subject of the Jose Pidal account;29

The PIATCO Corruption Scandal

432. The Respondent, through her agents, solicited and demanded a total of 70 million US dollars in bribe money from German airport operator Fraport AG as an obligatory condition for her support for the operation of the Ninoy Aquino International Airport Terminal III (NAIA III) by the Philippine International Air Terminals, Co. (PIATCO). Submissions of Fraport AG’s lawyers to the ICSID incidate that the money was to be allocated

according to this schedule: 20 million US dollars to buy out the Cheng family and 50 million US dollars to deal with the Supreme Court, as well as to pay for legal consultancy fees.

433. Upon the Respondent’s assumption to the Presidency in 2001, she restored and allowed the proliferation of jueteng nationwide, and appointed law enforcement officials who acted as conduits in the payment to her of jueteng payola. Respondent received monthly jueteng payola amounting to at least ONE MILLION PESOS (PhP 1,000,000.00) per region through her spouse/Congressman-son/brother-in-law. The Respondent used

jueteng proceeds to bankroll her 2004 presidential campaign, to finance massive electoral fraud, and to bribe government officials;30

CONCLUSION AND PRAYER
Respondent Gloria-Macapagal Arroyo committed culpable violations of the Constitution, Betrayal of Public trust and other High Crimes by implicitly and explicitly conspiring, directing, abetting, tolerating human rights violations in the
29 30

See supra note 10. See supra note 10.

In Re Impeachment of Gloria Macapagal-Arroyo, President of the Philippines

Respondent Gloria Macapagal Arroyo, by her involvement in the ZTE broadband contract and her complicity in the bribe-giving in Malacanang, committed acts that constitute graft and corruption, bribery and betrayal of public trust, which are impeachable offenses. These acts are, specifically, prohibited acts enumerated under the Anti-Graft and Corrupt Practices Act and other laws in force at the time of the adoption of the Constitution.31

Respondent Arroyo clearly committed other offenses including electoral fraud and other acts of graft and corruption which constitute culpable violations of the Constitution, bribery, graft and corruption, and betrayal of public trust.

By her conduct, Respondent Mrs. Arroyo warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the Republic of the Philippines;

The President of the Philippines, herein Respondent Mrs. Arroyo, by such acts has failed to live up to the constitutional yardstick that ‘public office is a public trust’ and must therefore be subjected to the constitutional mechanism that dictates that “public officers must be accountable at all times”. The crimes she committed render her unfit for public office and subject to the impeachment power of Congress.32

31

Cruz, supra at 356.

Section 2, Article XI of the 1987 Constitution. The President, the Vice-President, the members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not impeachment.

32

In Re Impeachment of Gloria Macapagal-Arroyo, President of the Philippines

110

WHEREFORE, premises considered, Complainants respectfully pray for
the Respondent’s impeachment and impeachment trial, removal from the Office of the President of the Republic of the Philippines, and disqualification to hold and enjoy any office of honor, trust or profit under the Republic of the Philippines.